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

Marginal note:Bare-boat chartered vessels

48. A vessel that is registered in a foreign state and that is bare-boat chartered exclusively to a qualified person may be listed under this Part as a bare-boat chartered vessel for the duration of the charter if, for the duration of the charter, the registration is suspended in respect of the right to fly the flag of that state.

Marginal note:Vessels under construction

49. A vessel that is about to be built or that is under construction in Canada may be temporarily recorded in the Register as a vessel being built in Canada.

Marginal note:Vessels built outside Canada

50. Notwithstanding sections 46 to 48, the Minister may direct the Chief Registrar to refuse to register or list a vessel built outside Canada.

Marginal note:Application

• 51. (1) An application for the registration, listing or recording of a vessel must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.

• Marginal note:Further evidence

  (2) In addition to the specified information and documents, the Chief Registrar may require an applicant to provide evidence, including declarations, that the Chief Registrar considers necessary to establish that a vessel is required or entitled to be registered or is entitled to be listed or recorded.

Marginal note:Before registration or listing

• 52. (1) Every vessel, other than one to be registered in the small vessel register, must be named in the form and manner specified by the Chief Registrar before it is registered or listed.

• Marginal note:Approval of names

  (2) The Chief Registrar may, on application, approve the name of a vessel before it is registered or listed and approve a change in the name of a Canadian vessel.

• Marginal note:Disallowance of names

  (3) The Chief Registrar must disallow a name if

  • (a) it is the same as the name of a Canadian vessel;

  • (b) it is likely, in the opinion of the Chief Registrar, to be confused with the name of a Canadian vessel or with a distress signal;

  • (c) it is likely, in the opinion of the Chief Registrar, to be offensive to members of the public; or

  • (d) its use is prohibited under an Act of Parliament.

• Marginal note:Requiring renaming

  (4) The Minister may order that a Canadian vessel be renamed if the Minister considers that its name would prejudice the international reputation of Canada.

Marginal note:Shares

• 53. (1) For the purposes of registration, the property in a vessel is divided into 64 shares.

• Marginal note:Registered owners

  (2) Subject to subsections (3) and (4), only owners or joint owners of a vessel or of one or more shares in a vessel may be registered in the Register as owners of the vessel or shares, as the case may be.

• Marginal note:Registered owners — financing agreements

  (3) In the case of a vessel described in paragraph 47(c) (a vessel subject to a financing agreement), the persons referred to in that paragraph are to be registered in the Register as the owners of the vessel.

• Marginal note:Bare-boat charterers

  (4) In the case of a vessel described in section 48 (a bare-boat chartered vessel), no person may be registered in the Register as an owner of the vessel.

• Marginal note:Registration of joint owners

  (5) No more than five persons may be registered in the Register as joint owners of a vessel or a share in a vessel.

• Marginal note:Disposition of registered joint interests

  (6) A registered jointly owned interest in a vessel or a share in a vessel may be disposed of only by the joint owners acting together.

• Marginal note:Registration of fractions prohibited

  (7) No person may be registered as the owner of a fractional part of a share in a vessel.

• Marginal note:No effect on beneficial owners

  (8) This section does not affect the beneficial interests of a person represented by or claiming through an owner of a vessel or a share in a vessel.

• Marginal note:Trusts not recognized

  (9) No notice of a trust may be entered in the Register.