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

Act current to 2014-10-27 and last amended on 2013-12-01. Previous Versions

Marginal note:Registration of mortgages not affected

 The cancellation of the registration of a vessel does not affect the registration of mortgages in respect of the vessel.

Marginal note:Reinstatement

 The Chief Registrar may reinstate the registration or listing of a vessel if, in the Chief Registrar’s opinion, the registration or listing of the vessel should not have been cancelled.

Custody of Certificates of Registry and Provisional Certificates

Marginal note:Carrying on board
  •  (1) Subject to subsection (3), no person shall operate a vessel in respect of which a certificate of registry or provisional certificate has been issued unless the certificate is on board.

  • Marginal note:Delivery of certificate

    (2) A person who is in possession of a vessel’s certificate of registry or provisional certificate shall deliver it to the person who is entitled to operate the vessel.

  • Marginal note:Delivery of certificate

    (3) A person who is in possession of a certificate of registry or a provisional certificate issued under this Part shall deliver it to the Chief Registrar on request.

  • Marginal note:Detention of certificate

    (4) A certificate of registry or provisional certificate is not subject to detention because of any title to, lien on, charge on or interest in the vessel that is claimed by an owner, a mortgagee, a charterer or an operator of the vessel, or by any other person.

Rights and Obligations

Marginal note:Right to fly Canadian flag
  •  (1) A Canadian vessel has the right to fly the Canadian flag.

  • Marginal note:Obligation to fly flag

    (2) The master of a Canadian vessel, other than one registered in the small vessel register, shall ensure that it flies the Canadian flag

    • (a) when signalled to do so by a government vessel or a vessel under the command of the Canadian Forces; or

    • (b) when entering or leaving, or while moored at or anchored in, a port.

  • Marginal note:Exception

    (3) The Chief Registrar may, on application, suspend the registration of a Canadian vessel in respect of the right to fly the Canadian flag while the vessel is shown on the registry of a foreign state as a bare-boat chartered vessel.

Mortgages

Marginal note:Mortgage of vessel or share
  •  (1) The owner of a vessel registered under this Part other than in the small vessel register, of a share in such a vessel or of a vessel recorded as being built in Canada may give the vessel or share, as the case may be, as security for a mortgage to be registered under this Part.

  • Marginal note:Filing of mortgage

    (2) A mortgage is to be filed with the Chief Registrar in the form and manner specified by the Chief Registrar.

  • Marginal note:Date and time of registration

    (3) A mortgage is to be registered in the order in which it is filed, indicating the date and time of registration.