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

Certificates

Marginal note:Certificates of registry

• 54. (1) If the Chief Registrar is satisfied that all of the requirements of registration or listing have been met with respect to a vessel, the Chief Registrar must register or list the vessel, as the case may be, in the Register and issue a certificate of registry.

• Marginal note:Information

  (2) Every certificate of registry in respect of a vessel must contain the information specified by the Chief Registrar, including

  • (a) its description;

  • (b) its official number; and

  • (c) the name and address of

    • (i) in the case of a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), the authorized representative,

    • (ii) in the case of a vessel described in section 48 (a bare-boat chartered vessel), the bare-boat charterer, and

    • (iii) in any other case, its owner and the authorized representative.

• Marginal note:Period of validity

  (3) Every certificate of registry is valid for the period specified by the Chief Registrar.

Marginal note:Provisional certificates

• 55. (1) The Chief Registrar may, on application, issue a provisional certificate in respect of a vessel that is required or entitled to be registered under this Part if

  • (a) the vessel is in a foreign port and a person intends to register it under this Part; or

  • (b) the vessel is in a port in Canada and the Chief Registrar is satisfied that permission to operate the vessel should be granted before a certificate of registry can be issued.

• Marginal note:Issuance

  (2) The Chief Registrar may, on application, issue a provisional certificate in respect of a vessel that is not required or entitled to be registered under this Part if the Chief Registrar is satisfied that the vessel needs to undergo sea trials.

• Marginal note:Validity

  (3) A provisional certificate is valid for the purpose and the period specified by the Chief Registrar.

• Marginal note:Application

  (4) An application for a provisional certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.

Marginal note:Lost certificates

56. If a certificate of registry or provisional certificate is mislaid, lost or destroyed, the Chief Registrar must issue a replacement certificate of registry or provisional certificate, as the case may be, on application made by the authorized representative in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar.

Marking

Marginal note:Marking

• 57. (1) The authorized representative of a Canadian vessel shall, in the form and manner specified by the Chief Registrar, mark the vessel with its official number and any other information that the Chief Registrar specifies.

• Marginal note:Validity of certificate of registry

  (2) A vessel’s certificate of registry is not valid until the vessel has been marked in accordance with subsection (1).

• Marginal note:Maintenance of markings

  (3) The authorized representative shall ensure that the vessel is kept marked.

• Marginal note:Defacing, etc., markings

  (4) No person shall wilfully deface, alter, conceal or remove the markings of a Canadian vessel.

Notifying Chief Registrar

Marginal note:Notification of changes

• 58. (1) The authorized representative of a Canadian vessel shall notify the Chief Registrar within 30 days after any of the following occurs:

  • (a) the vessel is lost, wrecked or removed from service;

  • (b) there has been a change in the owner’s, the authorized representative’s or a registered mortgagee’s name or address;

  • (c) the information provided with the application under section 51 has changed; or

  • (d) in the case of a vessel described in section 48 (a bare-boat chartered vessel),

    • (i) the right to fly the flag of the foreign state is reinstated, or

    • (ii) the charterer ceases to have complete control and possession of the vessel.

• Marginal note:Notification of alterations

  (2) If a Canadian vessel is altered to the extent that it no longer corresponds with its description or particulars set out on the certificate of registry, the authorized representative shall, within 30 days after the alteration, notify the Chief Registrar and provide the Chief Registrar with the relevant information and documents.

• Marginal note:Notification of changes

  (3) If for any reason a Canadian vessel does not have an authorized representative, its owner shall

  • (a) notify the Chief Registrar of that fact as soon as possible in the circumstances; and

  • (b) notify the Chief Registrar within 30 days after any event referred to in subsection (1) or (2) occurs.

• Marginal note:Notification of completion of construction

  (4) Within 30 days after completion of the construction of a vessel that is recorded as being built in Canada, the person in whose name the vessel is recorded shall notify the Chief Registrar of that fact and of the name and address of its owner.

Maintenance of Register

Marginal note:Amendments

59. The Chief Registrar may amend the Register or a certificate of registry to give effect to changes of which the Chief Registrar has been notified under section 58 or to correct any clerical errors or obvious mistakes.

Suspension, Cancellation and Reinstatement of Registration

Marginal note:Suspension and cancellation

• 60. (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration or listing of a Canadian vessel if

  • (a) it is not marked in accordance with subsection 57(1);

  • (b) its certificate of registry has expired;

  • (c) it does not have an authorized representative; or

  • (d) section 58 has not been complied with.

• Marginal note:Cancellation

  (2) Subject to the regulations, the Chief Registrar must cancel the registration or listing of a Canadian vessel if

  • (a) it has been lost, wrecked or removed from service;

  • (b) it is no longer required or entitled to be registered or entitled to be listed under this Part; or

  • (c) in the case of a registered vessel, a tonnage certificate provided by a tonnage measurer indicates that the vessel should be re-registered.

• Marginal note:Notice before cancellation

  (3) If a Canadian vessel is not required or entitled to be registered under this Part after its ownership changes, the Chief Registrar must, before cancelling its registration under paragraph (2)(b), give the owners and registered mortgagees

  • (a) notice of the change in ownership; and

  • (b) an opportunity that, in the opinion of the Chief Registrar, is sufficient to transfer the vessel or shares in the vessel to a qualified person or to make an application under section 74.

• Marginal note:Cancellation of registration

  (4) Except in the case of a vessel described in paragraph 47(c) (a vessel subject to a financing agreement), the Chief Registrar must cancel the registration of a vessel if a person who acquires the vessel or a share in it does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the vessel is required or entitled to be registered under this Part.

Marginal note:Registration of mortgages not affected

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

Marginal note:Reinstatement

62. 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

• 63. (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

• 64. (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

• 65. (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.