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

Marginal note:Contravention of Act

• 39 (1) Every person commits an offence who contravenes

  • (a) subsection 17(2) (improper possession of a Canadian maritime document); or

  • (b) subsection 28(7) (inform Chair without delay).

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Marginal note:Contravention of Act or regulations

• 40 (1) Every person who, or vessel that, contravenes any of the following commits an offence:

  • (a) subsection 16(3) (cheating on an exam);

  • (b) section 18 (failure to produce Canadian maritime document);

  • (c) subsection 20(2) (failure to return suspended or cancelled Canadian maritime document); and

  • (d) a provision of the regulations made under paragraph 35(1)(e) or (3)(b).

• Marginal note:Punishment

  (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.

Marginal note:Contravention of interim order or regulations

• 40.1 (1) Every person who, or vessel that, contravenes any of the following commits an offence:

  • (a) subsection 10.1(4) (compliance with interim order); or

  • (b) a provision of a regulation made under subsection 35.1(1).

• Marginal note:Punishment

  (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

PART 2Registration, Listing and Recording

Interpretation

Definition of Minister

41 In this Part, Minister means the Minister of Transport.

Canadian Register of Vessels and Registrars

Marginal note:Appointment of Chief Registrar

42 An officer, to be known as the Chief Registrar, is to be appointed or deployed under the Public Service Employment Act.

Marginal note:Duties and powers of Chief Registrar

• 43 (1) The Chief Registrar is responsible for establishing and maintaining a register to be known as the Canadian Register of Vessels. The Chief Registrar is to divide the Register into parts, including a small vessel register, for the classes of vessels that the Chief Registrar specifies.

• Marginal note:Records

  (2) The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian vessel or a fleet that is registered under this Part, including its description, its official number, the name and address of its owner and, in the case of a vessel that is not registered in the small vessel register, details of all mortgages registered in respect of it.

Marginal note:Registrars

• 44 (1) The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary.

• Marginal note:Duties of registrars

  (2) A registrar is to perform the duties and fulfil the responsibilities that the Chief Registrar assigns to the registrar.

Marginal note:Immunity

45 The Chief Registrar and the registrars are not personally liable for anything they do or omit to do in good faith under this Act.

Registration, Listing and Recording

Marginal note:Mandatory registration of vessels

• 46 (1) Unless it is exempted under the regulations, a vessel must be registered under this Part if it

  • (a) is not a pleasure craft;

  • (b) is wholly owned by qualified persons; and

  • (c) is not registered, listed or otherwise recorded in a foreign state.

• Marginal note:Owner’s obligation

  (2) Every owner of a vessel that is required by subsection (1) to be registered under this Part shall ensure that it is so registered.

• Marginal note:Mandatory registration — government vessels

  (3) Every government vessel must be registered under this Part.

Marginal note:Optional registration

47 Unless they are registered, listed or otherwise recorded in a foreign state, the following vessels may be registered under this Part:

• (a) a pleasure craft that is wholly owned by qualified persons;

• (a.1) a vessel that is exempted under the regulations from the registration requirement in subsection 46(1) and that is wholly owned by qualified persons;

• (b) a vessel that is owned by a corporation incorporated under the laws of a foreign state if one of the following is acting with respect to all matters relating to the vessel, namely,

  • (i) a subsidiary of the corporation incorporated under the laws of Canada or a province,

  • (ii) an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada, or

  • (iii) a ship management company incorporated under the laws of Canada or a province; and

• (c) a vessel that is in the exclusive possession of a qualified person under a financing agreement under which the person will acquire ownership on completion of the agreement.

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.

Application

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.

Names of Vessels

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.

Ownership of Vessels

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.

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 or owner in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar.

Marginal note:Refusal to issue, renew or amend certificate

56.1 Despite any other provision of this Act, the Chief Registrar may refuse to issue, in respect of a vessel, a certificate of registry, a provisional certificate or a replacement certificate of registry or provisional certificate, or to renew a certificate of registry or to amend one under paragraph 73(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense under this Act or the Wrecked, Abandoned or Hazardous Vessels Act in respect of that vessel.

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.