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Vessel Registration and Tonnage Regulations (SOR/2007-126)

Regulations are current to 2020-06-17 and last amended on 2015-05-01. Previous Versions

PART 2Tonnage (continued)

Calculating Changes in Tonnage

 If a Canadian vessel is altered in such a way that the tonnage set out on its certificate of registry may have changed, the vessel’s authorized representative shall ensure that any change in tonnage is calculated in accordance with the method that was used for calculating the tonnage set out on the certificate of registry.

DIVISION 1Vessels 24 M in Length or More, Except Foreign Vessels

Application

 This Division applies in respect of the following vessels if they are 24 m in length or more:

  • (a) a vessel in respect of which an application for the initial registration or listing under Part 2 of the Act has been made;

  • (b) a Canadian vessel that is altered in such a way that the tonnage set out on its certificate of registry is changed by more than 1% when tonnage is calculated in accordance with the method that was used for calculating the tonnage set out on the certificate of registry;

  • (c) a vessel in respect of which an application for the registration or listing under Part 2 of the Act has been made if the vessel had been registered or listed in Canada but no longer is when the application is made; and

  • (d) a Canadian vessel whose tonnage was calculated before October 17, 1994 and that engages on international voyages on or after that date.

Calculation of Tonnage

  •  (1) An applicant for the registration of a vessel and the authorized representative of a Canadian vessel shall ensure that the vessel’s tonnage is calculated in accordance with

    • (a) Part 2 of TP 13430;

    • (b) directions of the Minister that adapt a calculation method set out in Part 2 of TP 13430 to that vessel, if the vessel has such novel construction features as to render its tonnage incalculable in accordance with Part 2 of TP 13430; or

    • (c) Annex I to the 1969 Convention.

  • (2) An applicant for the listing of a vessel shall ensure that its tonnage is calculated in accordance with the method that was used to calculate its tonnage in the foreign state where the vessel’s registration is suspended in respect of the right to fly the flag of that state.

Certificates

 On application by the authorized representative of a Canadian vessel that is subject to the 1969 Convention and whose tonnage is calculated in accordance with section 11, the Minister shall issue an International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention.

 If a Canadian vessel is subject to the 1969 Convention, the Minister may request a state that is party to the 1969 Convention to calculate the vessel’s tonnage in accordance with Annex I of the 1969 Convention and to issue an International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention.

DIVISION 2Foreign Vessels 24 M in Length or More

Application

 This Division applies in respect of every foreign vessel in Canadian waters that is 24 m in length or more and is entitled to fly the flag of a state that is party to the 1969 Convention.

Calculation of Tonnage

  •  (1) At the request of a state that is party to the 1969 Convention, the Minister may authorize a tonnage measurer to calculate, in accordance with Annex I of the 1969 Convention, the tonnage of a foreign vessel that flies the flag of that state.

  • (2) After the tonnage of a vessel is calculated in accordance with subsection (1), the Minister shall

    • (a) forward to the state a copy of the calculations of the tonnage; and

    • (b) issue an International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention, if requested to do so by the state, and forward a copy of the certificate to the state.

DIVISION 3Vessels Less than 24 M in Length, Except Foreign Vessels

Application

 This Division applies in respect of the following vessels if they are less than 24 m in length:

  • (a) a vessel in respect of which an application for the initial registration or listing under Part 2 of the Act has been made;

  • (b) a Canadian vessel that is altered in such a way that the tonnage set out on its certificate of registry is changed by more than 5% when tonnage is calculated in accordance with the method that was used for calculating the tonnage set out on the certificate of registry; and

  • (c) a vessel in respect of which an application for the registration or listing under Part 2 of the Act has been made if the vessel had been registered or listed in Canada but no longer is when the application is made.

Calculation of Tonnage

  •  (1) An applicant for the registration of a vessel and the authorized representative of a Canadian vessel shall ensure that the vessel’s tonnage is calculated in accordance with

    • (a) Part 3 of TP 13430; or

    • (b) directions of the Minister that adapt a calculation method set out in Part 3 of TP 13430 to that vessel, if the vessel has such novel construction features as to render its tonnage incalculable in accordance with Part 3 of TP 13430.

  • (2) An applicant for the listing of a vessel shall ensure that its tonnage is calculated in accordance with the method that was used to calculate its tonnage in the foreign state where the vessel’s registration is suspended in respect of the right to fly the flag of that state.

Election

  •  (1) Despite section 17, an applicant for the registration of a vessel or the authorized representative of a Canadian vessel may elect to have the vessel’s tonnage calculated in accordance with subsection 11(1).

  • (2) Any election made under subsection (1) is binding on the applicant or authorized representative.

  • (3) This section does not apply in respect of pleasure craft.

DIVISION 4Exempted Canadian Vessels

Application

 This Division applies in respect of Canadian vessels that are exempted under section 1.1 or 1.2 from the registration requirement in subsection 46(1) of the Act and that are not registered.

  • SOR/2015-99, s. 5

Calculation of Tonnage

 If it is necessary to determine the tonnage of a Canadian vessel for the purposes of any regulations made under the Act, the vessel’s authorized representative shall ensure that its tonnage is calculated in accordance with

  • (a) Division 1, if the vessel is 24 m in length or more; or

  • (b) Division 3, if the vessel is less than 24 m in length.

  • SOR/2015-99, s. 5

PART 3Variation of the Act in Respect of Certain Government Vessels

Definition of Canadian Vessel

 The definition Canadian vessel in section 2 of the Act is varied as follows:

Canadian vessel

Canadian vessel means

  • (a) a vessel that is registered or listed under Part 2 (Registration, Listing and Recording) or that is exempted under the regulations from the registration requirement in subsection 46(1); or

  • (b) a government vessel to which subsection 46(3) of the Act does not apply under section 1.3 of the Vessel Registration and Tonnage Regulations. (bâtiment canadien)

  • SOR/2015-99, s. 6
 
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