Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Assented to 2001-11-01

Liens and Claims

Marginal note:Liens
  •  (1) The master, and each crew member, of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of their employment on the vessel, including in respect of wages and costs of repatriation that are payable to the master or crew member under any law or custom.

  • Marginal note:Foreign liens

    (2) The master and each crew member of a vessel on whom a maritime lien against the vessel is conferred by a jurisdiction other than Canada in respect of employment on the vessel has a maritime lien against the vessel.

  • Marginal note:Liens for necessaries

    (2.1) The master of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of disbursements made or liabilities incurred by the master for necessaries on account of the vessel.

  • Marginal note:Claims

    (3) The master, and each crew member, of a vessel may maintain an action against the vessel in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for claims in respect of which a lien is conferred by subsection (1), (2) or (2.1).

  • Marginal note:Priority

    (4) Liens conferred by subsection (1) or (2) rank in priority to all other claims, secured or unsecured, against the vessel, other than

    • (a) claims for costs relating to the arrest and the judicial sale of the vessel; or

    • (b) any lien arising from a claim for salvage in respect of the vessel.

  • Marginal note:Priority — liens for necessaries

    (5) Liens conferred by subsection (2.1) rank in priority to all other claims, secured or unsecured, against the vessel, other than

    • (a) liens conferred by subsection (1) or (2);

    • (b) claims for costs relating to the arrest and the judicial sale of the vessel; or

    • (c) any lien arising from a claim for salvage in respect of the vessel.

Certificates

Marginal note:Positions on board Canadian vessels

 Every person who is employed on board a Canadian vessel in a position in respect of which a certificate is required under this Part shall hold the certificate and comply with its terms and conditions.

Marginal note:Eligibility
  •  (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration Act may hold a certificate of competency that is issued under this Part.

  • Marginal note:Foreign certificates of competency

    (2) The Minister may, on application by a person described in subsection (1), issue a certificate of competency in respect of certain requirements under this Act to the holder of a certificate of competency that was issued under the laws of a foreign state if the Minister is satisfied that the requirements under those laws for the foreign certificate meet or exceed the requirements under this Act. Before issuing the certificate, the Minister may require that the holder take an examination set by the Minister.