F.A.Q.

A Joint Owner is Someone Who Owns a Vessel With Someone Else 
In the context of Canadian vessel documentation, a joint owner shares ownership of a vessel. 

Each Canadian vessel is divided into 64 shares. Joint owners own some of those 64 shares. Those shares cannot be broken down further, into fractions, etc. 
What to Keep In Mind About Joint Ownership 
For the sale or transfer of shares owned jointly, unanimous agreement from all owners is necessary. This agreement would be done through a single bill of sale. In a scenario where two co-owners wish to dispose of their jointly-owned shares, they must conduct a single transfer of ownership form and both should append their signatures on the same bill of sale. In the event of one joint owner's demise, their shares are automatically conveyed to the other surviving co-owner(s).
For More Questions Regarding Canadian Vessel Documentation 
If you wish to know more about Canadian boat documentation, we encourage you to view our site. Additionally, these following Canadian boat laws may be of value. 

Registration, 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.


2001, c. 26, s. 43
2011, c. 15, s. 38

Previous Version

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 fulfill 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.


2001, c. 26, s. 46
2011, c. 15, s. 39

Previous Version

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.


2001, c. 26, s. 47
2011, c. 15, s. 40

Previous Version

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.

2001, c. 26, s. 56
2023, c. 26, s. 366

Previous Version

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.

2023, c. 26, s. 366

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.


2001, c. 26, s. 58
2011, c. 15, s. 41(F)

Previous Version

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 canceling 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 canceled.

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 signaled 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.

Marginal note:

Entry of discharge of mortgage

66 On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.

Marginal note:

Priority of mortgages

67 (1) If more than one mortgage is registered in respect of the same vessel or share in a vessel, a mortgage registered before another mortgage has priority over that other mortgage.
Marginal note:
Consent to change in priority
(2) The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.

Marginal note:

Mortgagee not treated as owner

68 A mortgage of a vessel or a share in a vessel does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the vessel, except to the extent necessary to make the vessel or share available as security under the mortgage.

Marginal note:

Mortgagee has power of sale

69 (1) A mortgagee of a vessel or a share in a vessel has the absolute power, subject to any limitation set out in the registered mortgage, to sell the vessel or the share.
Marginal note:
Restriction
(2) If there is more than one registered mortgage of the same vessel or share, a subsequent mortgagee may not, except under an order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, sell the vessel or share without the agreement of every prior mortgagee.

Marginal note:

Mortgage not affected by bankruptcy

70 The mortgage of a vessel or a share in a vessel is not affected by the bankruptcy of the mortgagor after the date of the registration of the mortgage, and the mortgage is to be preferred to any right, claim or interest in the vessel or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.

Marginal note:

Transfer of mortgages

71 (1) A registered mortgage of a vessel or a share in a vessel may be transferred to any person, in which case the instrument affecting the transfer must be filed in the form and manner specified by the Chief Registrar.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transfer in the Register.

Marginal note:

Transmission of interest of mortgagee

72 (1) If the interest of a mortgagee in a vessel or a share in a vessel is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 71, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transmission in the Register.

Transfers of Vessels or Shares in Vessels

Marginal note:

Transfer

73 If the ownership of a Canadian vessel or a share in one changes and the vessel is still required or entitled to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the vessel is required or entitled to be so registered; and
(b) the Chief Registrar must amend the Register and the vessel’s certificate of registry to reflect the change.

Marginal note:

Order for sale on acquisition by an unqualified person

74 If an unqualified person acquires a Canadian vessel, other than a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), a vessel described in paragraph 47(c) (a vessel subject to a financing agreement) or a vessel described in section 48 (a bare-boat chartered vessel), or a share in one, any interested person may apply to the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for an order that the vessel or share, as the case may be, be sold to a qualified person.

Marginal note:

Power of court to prohibit transfer

75 On the application of an interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, may make an order prohibiting any dealing with a Canadian vessel or a share in one for a specified period.

Fleets

Marginal note:

Application for fleet

75.01 (1) An applicant may, instead of applying to have vessels individually registered in the small vessel register, apply to register a group of two or more vessels as a fleet in that register.
Marginal note:
Form and manner
(2) The application 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
(3) 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 the group of vessels may be registered as a fleet.


2011, c. 15, s. 42

Marginal note:

Registration — fleet

75.02 (1) The Chief Registrar may register a group of two or more vessels as a fleet if he or she is satisfied that

(a) all of the vessels are owned by the same owner;
(b) each vessel meets the requirements for registration in the small vessel register; and
(c) each vessel meets any other requirement — including with respect to a vessel’s dimensions, usage or propulsion — that the Chief Registrar may establish for the vessels of a fleet.


Marginal note:
Small vessel register
(2) A fleet that is accepted for registration must be registered in the small vessel register.


2011, c. 15, s. 42

Marginal note:

Certificate of registry

75.03 (1) The Chief Registrar must issue a certificate of registry in respect of a fleet that he or she registers, and the certificate is valid for the period that he or she specifies.
Marginal note:
Information
(2) A certificate of registry in respect of a fleet must contain the information specified by the Chief Registrar, including

(a) a description of the fleet;
(b) the fleet’s official number; and
(c) the name and address of the owner and the authorized representative of the fleet.


Marginal note:
Description — number of vessels
(3) In the fleet’s description, the Chief Registrar must specify either the number of vessels that are to be part of the fleet or the minimum and maximum numbers of vessels that can be part of it.
Marginal note:
Official number
(4) The fleet’s official number is also the official number of each vessel of that fleet.
Marginal note:
Authorized representative of fleet
(5) The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet and must be the same authorized representative for all of the fleet’s vessels.
(6) [Repealed, 2023, c. 26, s. 367]
Marginal note:
Acts or omissions of authorized representative binding
(7) The owner of a fleet is bound by the acts or omissions of the authorized representative of the fleet with respect to all matters assigned by this Act to that representative.


2011, c. 15, s. 42
2023, c. 26, s. 367

Previous Version

Marginal note:

Refusal to issue, renew or amend certificate

75.031 Despite any other provision of this Act, the Chief Registrar may refuse to issue or renew a certificate of registry in respect of a fleet, or to amend one under paragraph 75.14(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense in respect of that fleet or a vessel of that fleet under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.

2023, c. 26, s. 368

Marginal note:

Addition or removal of vessels

75.04 Subject to subsection 75.1(2), an owner of a fleet may, after the fleet is registered, add a vessel to the fleet or remove a vessel from it. However, any vessel that is to be added must

(a) be owned by the same owner as all of the other vessels of the fleet;
(b) satisfy the conditions set out in paragraphs 75.02(1)(b) and (c); and
(c) fit within the description or particulars set out in the fleet’s certificate of registry.


2011, c. 15, s. 42

Marginal note:

Vessels registered

75.05 (1) Subject to subsection (2), a vessel that is or becomes part of a fleet is considered to be registered under this Part and, for greater certainty, is a Canadian vessel.
Marginal note:
No longer registered
(2) Unless it becomes part of another fleet, such a vessel ceases to be registered under this Part if

(a) there is a change in its ownership; or
(b) it is altered to the extent that it no longer fits within the description or particulars set out in the fleet’s certificate of registry.




2011, c. 15, s. 42

Marginal note:

Cancellation of individual registration

75.06 The Chief Registrar may cancel the registration of a Canadian vessel if the vessel becomes part of a fleet.

2011, c. 15, s. 42

Marginal note:

Non-application of provisions

75.07 The following provisions do not apply in respect of a fleet or a vessel of a fleet:

(a) subsections 57(2) and (3);
(b) section 58;
(c) section 60;
(d) section 62;
(e) subsections 63(1) and (2);
(f) section 73.


2011, c. 15, s. 42

Marginal note:

For greater certainty

75.08 (1) For greater certainty, the following provisions apply in respect of a fleet or a vessel of a fleet:

(a) section 56;
(b) subsections 57(1) and (4);
(c) subsections 63(3) and (4).


Marginal note:
Section 59
(2) Section 59 applies in respect of a fleet, except that the reference to “section 58” is to be read as a reference to “section 75.1”.


2011, c. 15, s. 42

Marginal note:

Marking — validity of fleet’s certificate of registry

75.09 (1) A fleet’s certificate of registry is not valid unless each of the fleet’s vessels has been marked in accordance with subsection 57(1).
Marginal note:
Maintenance of markings
(2) The authorized representative of a fleet shall ensure that each of the fleet’s vessels is kept marked.


2011, c. 15, s. 42

Marginal note:

Notification of changes — name and address

75.1 (1) The authorized representative of a fleet shall notify the Chief Registrar within 30 days after there has been a change in the owner’s or authorized representative’s name or address.
Marginal note:
Notification of changes — number of vessels
(2) If the number of vessels in a fleet changes to the extent that the fleet no longer corresponds with its description set out on the certificate of registry, its authorized representative shall, within 30 days after the change in number, notify the Chief Registrar and provide him or her with the relevant information and documents.
Marginal note:
Notification of changes — owner
(3) If for any reason a fleet 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.




2011, c. 15, s. 42

Marginal note:

Suspension and cancellation

75.11 (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration of a fleet if

(a) any one of the fleet’s vessels is not marked in accordance with subsection 57(1);
(b) the fleet’s certificate of registry has expired;
(c) the fleet does not have an authorized representative; or
(d) section 75.1 has not been complied with.


Marginal note:
Cancellation — fleet
(2) Subject to the regulations, the Chief Registrar must cancel the registration of a fleet if it no longer qualifies for registration under this Part.
Marginal note:
Evidence
(3) The Chief Registrar must cancel the registration of a fleet if a person who acquires the fleet does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the fleet still qualifies for registration under this Part.


2011, c. 15, s. 42

Marginal note:

Reinstatement

75.12 The Chief Registrar may reinstate the registration of a fleet if, in his or her opinion, the registration of the fleet should not have been canceled.

2011, c. 15, s. 42

Marginal note:

Delivery of certificate

75.13 A person who is in possession of a fleet’s certificate of registry shall deliver it to the person who is entitled to operate the fleet.

2011, c. 15, s. 42

Marginal note:

Change of ownership

75.14 If the ownership of a fleet changes and the fleet still qualifies to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the fleet still qualifies to be so registered; and
(b) the Chief Registrar must amend the Register and the certificate of registry to reflect the change.


2011, c. 15, s. 42

Entries

Marginal note:

Copies of entries

76 A person may examine or obtain copies of any entries in the Register with respect to a vessel or fleet.

2001, c. 26, s. 76
2011, c. 15, s. 42

Previous Version

Regulations

Marginal note:

Regulations

77 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting the registration of vessels and fleets and the listing and recording of vessels;
(b) respecting the issuance and renewal of certificates of registry;
(c) respecting the suspension and cancellation of the registration of a Canadian vessel or a fleet, and the suspension and cancellation of the listing of a Canadian vessel;
(d) respecting the naming and marking of vessels;
(e) respecting the port of registration;
(f) respecting the form and manner of notifying the Chief Registrar under sections 58 and 75.1;
(g) respecting the evidence that owners of vessels previously registered in a foreign state must provide to prove that the vessels are no longer registered in the foreign state;
(h) respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and
(h.1) respecting the exemption of vessels or classes of vessels from the registration requirement in subsection 46(1);
(h.2) authorizing the Minister to exempt, by order, vessels or classes of vessels from the registration requirement in subsection 46(1) for the period specified in the regulations and on any terms and conditions that he or she considers appropriate, if he or she is of the opinion that the exemption is not likely to adversely affect marine safety, and authorizing the Minister to amend or revoke an exemption;
(h.3) respecting an authorization under paragraph (h.2); and
(i) prescribing anything that may be prescribed under this Part.


2001, c. 26, s. 77
2011, c. 15, s. 43

Previous Version

Offences and Punishment

Marginal note:

Contravention of Act or regulations

78 (1) Every person commits an offence who contravenes

(a) subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or
(b) a provision of the regulations made under paragraph 77(h).


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

79 (1) Every person commits an offence who contravenes

(a) subsection 46(2) (register vessel);
(b) an order made under subsection 52(4) (renaming of vessel);
(c) subsection 57(1) (mark vessel);
(d) subsection 57(3) (maintenance of markings);
(e) subsection 58(1) (notify of changes — authorized representative);
(f) subsection 58(2) (notify of alteration — authorized representative);
(g) subsection 58(3) (notify if no authorized representative — owner);
(h) subsection 58(4) (notify of completion of construction);
(i) subsection 63(1) (operation of vessel without a certificate on board);
(j) subsection 63(2) (deliver certificate to person entitled to operate vessel);
(k) subsection 63(3) (deliver certificate to Chief Registrar);
(l) subsection 64(2) (fly Canadian flag);
(l.1) subsection 75.09(2) (maintenance of markings);
(l.2) subsection 75.1(1) (notification of changes — name and address);
(l.3) subsection 75.1(2) (notification of changes — number of vessels);
(l.4) subsection 75.1(3) (notification of changes — owner);
(l.5) section 75.13 (delivery of certificate); or
(m) a provision of the regulations made under any of paragraphs 77(a) to (g).


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 $25,000.
Marginal note:
Continuing offence
(3) If an offence under paragraph (1)(a) or (c) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.


2001, c. 26, s. 79
2011, c. 15, s. 44
2023, c. 26, s. 369

 

This registry applies to vessels of all types and sizes including pleasure and commercial. This type of registration is required for: -Vessels more than 15 gross tonnes used for commercial purposes, including government-owned vessels -Vessels that require marine mortgages -If you are planning to travel outside of Canada for extended periods of time. You may also choose to register your pleasure craft in the Canadian Register of Vessels if you wish to have an approved name and port of registry for your vessel or show proof of ownership.

Registration is a title system for vessel ownership. It is similar to land title registry. Registration allows for name approval and mortgage registration except in the case of a vessel registered in the Small Vessel Register. Vessels under construction: 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. While not required by law, pleasure craft owners may choose to register their vessels.

A mortgage is a legal document that creates a security for a loan or other financial consideration, whereby, the registered vessel or share or a share of it is used as security. The person using the vessel as security and receiving the loan is called the mortgagor. The person taking the vessel as security and usually giving the loan is called the mortgagee. Only vessels registered in the Canadian Registry of Vessels can have mortgages recorded against them.

A Certificate of Registry should not be laminated. For some authorities, laminating a certificate would invalidate it as an official document. Once a documenta has been laminated, it is no longer available for definitive review to determine its validity or authenticity. It is recommended to keep the Certificate in a plastic bag, pouch, etc. to protect it.

You may close the registry of your vessel by navigating to the DELETION page.

A vessel whose number begins with the letter “C” (e.g. C00000BC) is a small commercial vessel, which was either licensed prior to July 1, 2007, or registered as of July 1, 2007 in the Small Vessel Registered.
A vessel whose number begins with a number, and/or a letter (e.g., 32E 00000 or BC 00000) is a licensed pleasure craft.

Vessels (dinghy or zodiac, etc.) that are considered part of the lifesaving equipment of the registered vessel (not used for any purpose other than evacuation) do not have to be registered but should be marked “TENDER TO [NAME AND OFFICIAL NUMBER OF THE REGISTERED VESSEL]”. If it is not part of the lifesaving equipment, then it must either be licensed or registered separately.

The authorized representative has the overall responsibility for safety of the vessel. Even though not always on board, the authorized representative must ensure that the vessel’s machinery and equipment meet the requirements of the Act and Regulations.The authorized representative is also responsible for notifying Vessel Registration should any changes be made to the vessel, including alterations, changes in address or removal from service, as per section 58 of the Canada Shipping Act, 2001.

The name of a vessel is not available until the Registry is officially closed.

“Bare-boat Charter” means a vessel charter agreement under which the character has complete possession and control of the vessel, including the right to appoint its master and crew.Bare-boat Charter (IN)A vessel registered in a foreign country that is bare-boat chartered exclusively to a qualified person may be listed as a bare-boat chartered vessel if, for the duration of the charter, the registration is suspended in respect of the right to fly the flag of that country. You may submit your application by navigating to the BARE-BOAT CHARTERED VESSELS page.

You may request a replacement certificate by navigating to the REPLACEMENT CERTIFICATE page.

You may report a change of ownership by navigating to the TRANSFER OF OWNERSHIP page.

This registry only applies to commercial (non-pleasure) vessels that are 15 gross tons or less. This type of registration is required for: Vessels less than or equal to 15 gross tonnes used for commercial purposes with propulsion motors of 10 horsepower (7.5kW) or more (if unsure of tonnage, check this explanation of tonnage measurements) commercial river rafts government-owned vessels with propulsion motors of 10 horsepower (7.5kW) or more This type of registration is not required if: Your vessel does not or will not have a mortgage You do not wish to register an “official” name You don’t intend to travel outside of Canada.

A pleasure craft is a vessel that is used for recreation and does not carry passengers. It is a vessel of a prescribed class under the Canada Shipping Act, 2001. NOTE: For the purposes of this definition, a “passenger” is a person who has paid a fee to be transported in a commercial vessel. A “guest” does not need to pay a fee.

Yes, if your vessel is over 10 hp and it has not been registered in the Canadian Register of Vessels. A pleasure craft licence provides a unique identification number – commonly referred to as the “licence number” – that you must display on your recreational vessel, as required under the Small Vessel Regulations of the Canada Shipping Act, 2001. This licence number helps law-enforcement and search and rescue officials trace a pleasure craft to its owner.

There are Particular Requirements to Canadian Vessel Documentation Marking 
Your Registry Certificate will only be valid once you've properly marked your vessel.
The markings, once attached, should become a permanent part of the vessel. Any attempt to alter, remove or replace them should not damage or create visible marks on the hull area.

Depending on your vessel type, the marking rules will differ.

Use this link for initial Canadian vessel documentation. 
Large Vessel Register Marking Requirements 
The name of the vessel should be clearly shown in letters from the Latin alphabet or Arabic or Roman numerals. These should be at minimum 10 cm in height and placed on each side of the bow as well as the stern.

The port of registry should also be displayed in the Latin alphabet or Arabic or Roman numerals of at least 10 cm high, located on the stern.

The net registered tonnage and official number should be displayed in block-type Arabic numerals, minimum 4 cm high, on a clearly visible interior part of the hull. Before the net registered tonnage, "N.R.T." should be inscribed, and "O.N." should precede the official number.

For those who have followed the Assigned Formal Tonnage method, only the official number, marked "O.N.", is required since the net tonnage will not be included in your Certificate of Registry.
Pleasure Craft Marking Requirements 
The name of your vessel and harbor registry should be prominently displayed using legible Latin letters and either Arabic or Roman numerals, the height of which should be no less than 10 cm.

You also need to display the net registered tonnage and the official number, using Arabic numerals arranged in block-style, and these should be a minimum of 4 cm in height.

The vessel's name and port of registry should be situated on the outer hull, while the net registered tonnage and official number should be placed on an easily visible internal structural area of the hull. You should precede the net registered tonnage with "N.R.T." and the official number with "O.N."

If you have opted for the Assigned Formal Tonnage method, you only need to mark the O.N as the net tonnage won't be included on your Registry Certificate.

 
Small Vessel Register Marking Requirements 
Display your official numbers in block characters, at least 75 mm in height and contrast with the background colour.

These should be displayed on both sides of the vessel's bow. If you cannot place it there, use a board permanently attached to the vessel, as close to the bow as possible, making sure the number can be clearly seen from each side of the bow.
Further Information About Canadian Vessel Documentation 
 

For more, you can find the forms at our site for documenting your vessel, acquiring your pleasure craft licence, and more. These laws have been provided below for more clarity. 

Registration, 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.


2001, c. 26, s. 43
2011, c. 15, s. 38

Previous Version

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 fulfill 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.


2001, c. 26, s. 46
2011, c. 15, s. 39

Previous Version

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.


2001, c. 26, s. 47
2011, c. 15, s. 40

Previous Version

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.

2001, c. 26, s. 56
2023, c. 26, s. 366

Previous Version

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.

2023, c. 26, s. 366

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.


2001, c. 26, s. 58
2011, c. 15, s. 41(F)

Previous Version

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 canceling 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 canceled.

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 signaled 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.

Marginal note:

Entry of discharge of mortgage

66 On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.

Marginal note:

Priority of mortgages

67 (1) If more than one mortgage is registered in respect of the same vessel or share in a vessel, a mortgage registered before another mortgage has priority over that other mortgage.
Marginal note:
Consent to change in priority
(2) The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.

Marginal note:

Mortgagee not treated as owner

68 A mortgage of a vessel or a share in a vessel does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the vessel, except to the extent necessary to make the vessel or share available as security under the mortgage.

Marginal note:

Mortgagee has power of sale

69 (1) A mortgagee of a vessel or a share in a vessel has the absolute power, subject to any limitation set out in the registered mortgage, to sell the vessel or the share.
Marginal note:
Restriction
(2) If there is more than one registered mortgage of the same vessel or share, a subsequent mortgagee may not, except under an order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, sell the vessel or share without the agreement of every prior mortgagee.

Marginal note:

Mortgage not affected by bankruptcy

70 The mortgage of a vessel or a share in a vessel is not affected by the bankruptcy of the mortgagor after the date of the registration of the mortgage, and the mortgage is to be preferred to any right, claim or interest in the vessel or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.

Marginal note:

Transfer of mortgages

71 (1) A registered mortgage of a vessel or a share in a vessel may be transferred to any person, in which case the instrument affecting the transfer must be filed in the form and manner specified by the Chief Registrar.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transfer in the Register.

Marginal note:

Transmission of interest of mortgagee

72 (1) If the interest of a mortgagee in a vessel or a share in a vessel is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 71, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transmission in the Register.

Transfers of Vessels or Shares in Vessels

Marginal note:

Transfer

73 If the ownership of a Canadian vessel or a share in one changes and the vessel is still required or entitled to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the vessel is required or entitled to be so registered; and
(b) the Chief Registrar must amend the Register and the vessel’s certificate of registry to reflect the change.

Marginal note:

Order for sale on acquisition by an unqualified person

74 If an unqualified person acquires a Canadian vessel, other than a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), a vessel described in paragraph 47(c) (a vessel subject to a financing agreement) or a vessel described in section 48 (a bare-boat chartered vessel), or a share in one, any interested person may apply to the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for an order that the vessel or share, as the case may be, be sold to a qualified person.

Marginal note:

Power of court to prohibit transfer

75 On the application of an interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, may make an order prohibiting any dealing with a Canadian vessel or a share in one for a specified period.

Fleets

Marginal note:

Application for fleet

75.01 (1) An applicant may, instead of applying to have vessels individually registered in the small vessel register, apply to register a group of two or more vessels as a fleet in that register.
Marginal note:
Form and manner
(2) The application 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
(3) 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 the group of vessels may be registered as a fleet.


2011, c. 15, s. 42

Marginal note:

Registration — fleet

75.02 (1) The Chief Registrar may register a group of two or more vessels as a fleet if he or she is satisfied that

(a) all of the vessels are owned by the same owner;
(b) each vessel meets the requirements for registration in the small vessel register; and
(c) each vessel meets any other requirement — including with respect to a vessel’s dimensions, usage or propulsion — that the Chief Registrar may establish for the vessels of a fleet.


Marginal note:
Small vessel register
(2) A fleet that is accepted for registration must be registered in the small vessel register.


2011, c. 15, s. 42

Marginal note:

Certificate of registry

75.03 (1) The Chief Registrar must issue a certificate of registry in respect of a fleet that he or she registers, and the certificate is valid for the period that he or she specifies.
Marginal note:
Information
(2) A certificate of registry in respect of a fleet must contain the information specified by the Chief Registrar, including

(a) a description of the fleet;
(b) the fleet’s official number; and
(c) the name and address of the owner and the authorized representative of the fleet.


Marginal note:
Description — number of vessels
(3) In the fleet’s description, the Chief Registrar must specify either the number of vessels that are to be part of the fleet or the minimum and maximum numbers of vessels that can be part of it.
Marginal note:
Official number
(4) The fleet’s official number is also the official number of each vessel of that fleet.
Marginal note:
Authorized representative of fleet
(5) The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet and must be the same authorized representative for all of the fleet’s vessels.
(6) [Repealed, 2023, c. 26, s. 367]
Marginal note:
Acts or omissions of authorized representative binding
(7) The owner of a fleet is bound by the acts or omissions of the authorized representative of the fleet with respect to all matters assigned by this Act to that representative.


2011, c. 15, s. 42
2023, c. 26, s. 367

Previous Version

Marginal note:

Refusal to issue, renew or amend certificate

75.031 Despite any other provision of this Act, the Chief Registrar may refuse to issue or renew a certificate of registry in respect of a fleet, or to amend one under paragraph 75.14(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense in respect of that fleet or a vessel of that fleet under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.

2023, c. 26, s. 368

Marginal note:

Addition or removal of vessels

75.04 Subject to subsection 75.1(2), an owner of a fleet may, after the fleet is registered, add a vessel to the fleet or remove a vessel from it. However, any vessel that is to be added must

(a) be owned by the same owner as all of the other vessels of the fleet;
(b) satisfy the conditions set out in paragraphs 75.02(1)(b) and (c); and
(c) fit within the description or particulars set out in the fleet’s certificate of registry.


2011, c. 15, s. 42

Marginal note:

Vessels registered

75.05 (1) Subject to subsection (2), a vessel that is or becomes part of a fleet is considered to be registered under this Part and, for greater certainty, is a Canadian vessel.
Marginal note:
No longer registered
(2) Unless it becomes part of another fleet, such a vessel ceases to be registered under this Part if

(a) there is a change in its ownership; or
(b) it is altered to the extent that it no longer fits within the description or particulars set out in the fleet’s certificate of registry.




2011, c. 15, s. 42

Marginal note:

Cancellation of individual registration

75.06 The Chief Registrar may cancel the registration of a Canadian vessel if the vessel becomes part of a fleet.

2011, c. 15, s. 42

Marginal note:

Non-application of provisions

75.07 The following provisions do not apply in respect of a fleet or a vessel of a fleet:

(a) subsections 57(2) and (3);
(b) section 58;
(c) section 60;
(d) section 62;
(e) subsections 63(1) and (2);
(f) section 73.


2011, c. 15, s. 42

Marginal note:

For greater certainty

75.08 (1) For greater certainty, the following provisions apply in respect of a fleet or a vessel of a fleet:

(a) section 56;
(b) subsections 57(1) and (4);
(c) subsections 63(3) and (4).


Marginal note:
Section 59
(2) Section 59 applies in respect of a fleet, except that the reference to “section 58” is to be read as a reference to “section 75.1”.


2011, c. 15, s. 42

Marginal note:

Marking — validity of fleet’s certificate of registry

75.09 (1) A fleet’s certificate of registry is not valid unless each of the fleet’s vessels has been marked in accordance with subsection 57(1).
Marginal note:
Maintenance of markings
(2) The authorized representative of a fleet shall ensure that each of the fleet’s vessels is kept marked.


2011, c. 15, s. 42

Marginal note:

Notification of changes — name and address

75.1 (1) The authorized representative of a fleet shall notify the Chief Registrar within 30 days after there has been a change in the owner’s or authorized representative’s name or address.
Marginal note:
Notification of changes — number of vessels
(2) If the number of vessels in a fleet changes to the extent that the fleet no longer corresponds with its description set out on the certificate of registry, its authorized representative shall, within 30 days after the change in number, notify the Chief Registrar and provide him or her with the relevant information and documents.
Marginal note:
Notification of changes — owner
(3) If for any reason a fleet 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.




2011, c. 15, s. 42

Marginal note:

Suspension and cancellation

75.11 (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration of a fleet if

(a) any one of the fleet’s vessels is not marked in accordance with subsection 57(1);
(b) the fleet’s certificate of registry has expired;
(c) the fleet does not have an authorized representative; or
(d) section 75.1 has not been complied with.


Marginal note:
Cancellation — fleet
(2) Subject to the regulations, the Chief Registrar must cancel the registration of a fleet if it no longer qualifies for registration under this Part.
Marginal note:
Evidence
(3) The Chief Registrar must cancel the registration of a fleet if a person who acquires the fleet does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the fleet still qualifies for registration under this Part.


2011, c. 15, s. 42

Marginal note:

Reinstatement

75.12 The Chief Registrar may reinstate the registration of a fleet if, in his or her opinion, the registration of the fleet should not have been canceled.

2011, c. 15, s. 42

Marginal note:

Delivery of certificate

75.13 A person who is in possession of a fleet’s certificate of registry shall deliver it to the person who is entitled to operate the fleet.

2011, c. 15, s. 42

Marginal note:

Change of ownership

75.14 If the ownership of a fleet changes and the fleet still qualifies to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the fleet still qualifies to be so registered; and
(b) the Chief Registrar must amend the Register and the certificate of registry to reflect the change.


2011, c. 15, s. 42

Entries

Marginal note:

Copies of entries

76 A person may examine or obtain copies of any entries in the Register with respect to a vessel or fleet.

2001, c. 26, s. 76
2011, c. 15, s. 42

Previous Version

Regulations

Marginal note:

Regulations

77 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting the registration of vessels and fleets and the listing and recording of vessels;
(b) respecting the issuance and renewal of certificates of registry;
(c) respecting the suspension and cancellation of the registration of a Canadian vessel or a fleet, and the suspension and cancellation of the listing of a Canadian vessel;
(d) respecting the naming and marking of vessels;
(e) respecting the port of registration;
(f) respecting the form and manner of notifying the Chief Registrar under sections 58 and 75.1;
(g) respecting the evidence that owners of vessels previously registered in a foreign state must provide to prove that the vessels are no longer registered in the foreign state;
(h) respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and
(h.1) respecting the exemption of vessels or classes of vessels from the registration requirement in subsection 46(1);
(h.2) authorizing the Minister to exempt, by order, vessels or classes of vessels from the registration requirement in subsection 46(1) for the period specified in the regulations and on any terms and conditions that he or she considers appropriate, if he or she is of the opinion that the exemption is not likely to adversely affect marine safety, and authorizing the Minister to amend or revoke an exemption;
(h.3) respecting an authorization under paragraph (h.2); and
(i) prescribing anything that may be prescribed under this Part.


2001, c. 26, s. 77
2011, c. 15, s. 43

Previous Version

Offences and Punishment

Marginal note:

Contravention of Act or regulations

78 (1) Every person commits an offence who contravenes

(a) subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or
(b) a provision of the regulations made under paragraph 77(h).


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

79 (1) Every person commits an offence who contravenes

(a) subsection 46(2) (register vessel);
(b) an order made under subsection 52(4) (renaming of vessel);
(c) subsection 57(1) (mark vessel);
(d) subsection 57(3) (maintenance of markings);
(e) subsection 58(1) (notify of changes — authorized representative);
(f) subsection 58(2) (notify of alteration — authorized representative);
(g) subsection 58(3) (notify if no authorized representative — owner);
(h) subsection 58(4) (notify of completion of construction);
(i) subsection 63(1) (operation of vessel without a certificate on board);
(j) subsection 63(2) (deliver certificate to person entitled to operate vessel);
(k) subsection 63(3) (deliver certificate to Chief Registrar);
(l) subsection 64(2) (fly Canadian flag);
(l.1) subsection 75.09(2) (maintenance of markings);
(l.2) subsection 75.1(1) (notification of changes — name and address);
(l.3) subsection 75.1(2) (notification of changes — number of vessels);
(l.4) subsection 75.1(3) (notification of changes — owner);
(l.5) section 75.13 (delivery of certificate); or
(m) a provision of the regulations made under any of paragraphs 77(a) to (g).


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 $25,000.
Marginal note:
Continuing offence
(3) If an offence under paragraph (1)(a) or (c) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.


2001, c. 26, s. 79
2011, c. 15, s. 44
2023, c. 26, s. 369

 

Despite what many believe, “tonnage” is not a measurement of weight. Rather, it is the volume of the cargo or the ship's internal volume. Tonnage is a determining factor in several aspects such as port costs, vessel abilities, and adherence to regulations.

Gross tonnage refers to the total internal capacity of a ship, including all its enclosed spaces. In contrast, net tonnage disregards spaces that do not generate revenue, like crew quarters and machine compartments. 

The concept of tonnage carries historical importance, stemming from the era when ships were levied based on their cargo capacity. Currently, tonnage is instrumental in deciding a ship's aptitude for different shipping operations. For instance, bulk carriers are made to haul large volumes of loose cargo such as coal or grain.
Vessel Tonnage Documentation Requirements 
For a vessel to meet registration requirements, its gross tonnage must be at least 15 tons. If you have more questions, we’ve attached the laws below. You can find all of the forms at our site you may need for registering a boat in Canada. 

Registration, 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.


2001, c. 26, s. 43
2011, c. 15, s. 38

Previous Version

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 fulfill 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.


2001, c. 26, s. 46
2011, c. 15, s. 39

Previous Version

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.


2001, c. 26, s. 47
2011, c. 15, s. 40

Previous Version

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.

2001, c. 26, s. 56
2023, c. 26, s. 366

Previous Version

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.

2023, c. 26, s. 366

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.


2001, c. 26, s. 58
2011, c. 15, s. 41(F)

Previous Version

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 canceling 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 canceled.

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 signaled 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.

Marginal note:

Entry of discharge of mortgage

66 On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.

Marginal note:

Priority of mortgages

67 (1) If more than one mortgage is registered in respect of the same vessel or share in a vessel, a mortgage registered before another mortgage has priority over that other mortgage.
Marginal note:
Consent to change in priority
(2) The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.

Marginal note:

Mortgagee not treated as owner

68 A mortgage of a vessel or a share in a vessel does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the vessel, except to the extent necessary to make the vessel or share available as security under the mortgage.

Marginal note:

Mortgagee has power of sale

69 (1) A mortgagee of a vessel or a share in a vessel has the absolute power, subject to any limitation set out in the registered mortgage, to sell the vessel or the share.
Marginal note:
Restriction
(2) If there is more than one registered mortgage of the same vessel or share, a subsequent mortgagee may not, except under an order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, sell the vessel or share without the agreement of every prior mortgagee.

Marginal note:

Mortgage not affected by bankruptcy

70 The mortgage of a vessel or a share in a vessel is not affected by the bankruptcy of the mortgagor after the date of the registration of the mortgage, and the mortgage is to be preferred to any right, claim or interest in the vessel or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.

Marginal note:

Transfer of mortgages

71 (1) A registered mortgage of a vessel or a share in a vessel may be transferred to any person, in which case the instrument affecting the transfer must be filed in the form and manner specified by the Chief Registrar.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transfer in the Register.

Marginal note:

Transmission of interest of mortgagee

72 (1) If the interest of a mortgagee in a vessel or a share in a vessel is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 71, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transmission in the Register.

Transfers of Vessels or Shares in Vessels

Marginal note:

Transfer

73 If the ownership of a Canadian vessel or a share in one changes and the vessel is still required or entitled to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the vessel is required or entitled to be so registered; and
(b) the Chief Registrar must amend the Register and the vessel’s certificate of registry to reflect the change.

Marginal note:

Order for sale on acquisition by an unqualified person

74 If an unqualified person acquires a Canadian vessel, other than a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), a vessel described in paragraph 47(c) (a vessel subject to a financing agreement) or a vessel described in section 48 (a bare-boat chartered vessel), or a share in one, any interested person may apply to the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for an order that the vessel or share, as the case may be, be sold to a qualified person.

Marginal note:

Power of court to prohibit transfer

75 On the application of an interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, may make an order prohibiting any dealing with a Canadian vessel or a share in one for a specified period.

Fleets

Marginal note:

Application for fleet

75.01 (1) An applicant may, instead of applying to have vessels individually registered in the small vessel register, apply to register a group of two or more vessels as a fleet in that register.
Marginal note:
Form and manner
(2) The application 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
(3) 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 the group of vessels may be registered as a fleet.


2011, c. 15, s. 42

Marginal note:

Registration — fleet

75.02 (1) The Chief Registrar may register a group of two or more vessels as a fleet if he or she is satisfied that

(a) all of the vessels are owned by the same owner;
(b) each vessel meets the requirements for registration in the small vessel register; and
(c) each vessel meets any other requirement — including with respect to a vessel’s dimensions, usage or propulsion — that the Chief Registrar may establish for the vessels of a fleet.


Marginal note:
Small vessel register
(2) A fleet that is accepted for registration must be registered in the small vessel register.


2011, c. 15, s. 42

Marginal note:

Certificate of registry

75.03 (1) The Chief Registrar must issue a certificate of registry in respect of a fleet that he or she registers, and the certificate is valid for the period that he or she specifies.
Marginal note:
Information
(2) A certificate of registry in respect of a fleet must contain the information specified by the Chief Registrar, including

(a) a description of the fleet;
(b) the fleet’s official number; and
(c) the name and address of the owner and the authorized representative of the fleet.


Marginal note:
Description — number of vessels
(3) In the fleet’s description, the Chief Registrar must specify either the number of vessels that are to be part of the fleet or the minimum and maximum numbers of vessels that can be part of it.
Marginal note:
Official number
(4) The fleet’s official number is also the official number of each vessel of that fleet.
Marginal note:
Authorized representative of fleet
(5) The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet and must be the same authorized representative for all of the fleet’s vessels.
(6) [Repealed, 2023, c. 26, s. 367]
Marginal note:
Acts or omissions of authorized representative binding
(7) The owner of a fleet is bound by the acts or omissions of the authorized representative of the fleet with respect to all matters assigned by this Act to that representative.


2011, c. 15, s. 42
2023, c. 26, s. 367

Previous Version

Marginal note:

Refusal to issue, renew or amend certificate

75.031 Despite any other provision of this Act, the Chief Registrar may refuse to issue or renew a certificate of registry in respect of a fleet, or to amend one under paragraph 75.14(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense in respect of that fleet or a vessel of that fleet under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.

2023, c. 26, s. 368

Marginal note:

Addition or removal of vessels

75.04 Subject to subsection 75.1(2), an owner of a fleet may, after the fleet is registered, add a vessel to the fleet or remove a vessel from it. However, any vessel that is to be added must

(a) be owned by the same owner as all of the other vessels of the fleet;
(b) satisfy the conditions set out in paragraphs 75.02(1)(b) and (c); and
(c) fit within the description or particulars set out in the fleet’s certificate of registry.


2011, c. 15, s. 42

Marginal note:

Vessels registered

75.05 (1) Subject to subsection (2), a vessel that is or becomes part of a fleet is considered to be registered under this Part and, for greater certainty, is a Canadian vessel.
Marginal note:
No longer registered
(2) Unless it becomes part of another fleet, such a vessel ceases to be registered under this Part if

(a) there is a change in its ownership; or
(b) it is altered to the extent that it no longer fits within the description or particulars set out in the fleet’s certificate of registry.




2011, c. 15, s. 42

Marginal note:

Cancellation of individual registration

75.06 The Chief Registrar may cancel the registration of a Canadian vessel if the vessel becomes part of a fleet.

2011, c. 15, s. 42

Marginal note:

Non-application of provisions

75.07 The following provisions do not apply in respect of a fleet or a vessel of a fleet:

(a) subsections 57(2) and (3);
(b) section 58;
(c) section 60;
(d) section 62;
(e) subsections 63(1) and (2);
(f) section 73.


2011, c. 15, s. 42

Marginal note:

For greater certainty

75.08 (1) For greater certainty, the following provisions apply in respect of a fleet or a vessel of a fleet:

(a) section 56;
(b) subsections 57(1) and (4);
(c) subsections 63(3) and (4).


Marginal note:
Section 59
(2) Section 59 applies in respect of a fleet, except that the reference to “section 58” is to be read as a reference to “section 75.1”.


2011, c. 15, s. 42

Marginal note:

Marking — validity of fleet’s certificate of registry

75.09 (1) A fleet’s certificate of registry is not valid unless each of the fleet’s vessels has been marked in accordance with subsection 57(1).
Marginal note:
Maintenance of markings
(2) The authorized representative of a fleet shall ensure that each of the fleet’s vessels is kept marked.


2011, c. 15, s. 42

Marginal note:

Notification of changes — name and address

75.1 (1) The authorized representative of a fleet shall notify the Chief Registrar within 30 days after there has been a change in the owner’s or authorized representative’s name or address.
Marginal note:
Notification of changes — number of vessels
(2) If the number of vessels in a fleet changes to the extent that the fleet no longer corresponds with its description set out on the certificate of registry, its authorized representative shall, within 30 days after the change in number, notify the Chief Registrar and provide him or her with the relevant information and documents.
Marginal note:
Notification of changes — owner
(3) If for any reason a fleet 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.




2011, c. 15, s. 42

Marginal note:

Suspension and cancellation

75.11 (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration of a fleet if

(a) any one of the fleet’s vessels is not marked in accordance with subsection 57(1);
(b) the fleet’s certificate of registry has expired;
(c) the fleet does not have an authorized representative; or
(d) section 75.1 has not been complied with.


Marginal note:
Cancellation — fleet
(2) Subject to the regulations, the Chief Registrar must cancel the registration of a fleet if it no longer qualifies for registration under this Part.
Marginal note:
Evidence
(3) The Chief Registrar must cancel the registration of a fleet if a person who acquires the fleet does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the fleet still qualifies for registration under this Part.


2011, c. 15, s. 42

Marginal note:

Reinstatement

75.12 The Chief Registrar may reinstate the registration of a fleet if, in his or her opinion, the registration of the fleet should not have been canceled.

2011, c. 15, s. 42

Marginal note:

Delivery of certificate

75.13 A person who is in possession of a fleet’s certificate of registry shall deliver it to the person who is entitled to operate the fleet.

2011, c. 15, s. 42

Marginal note:

Change of ownership

75.14 If the ownership of a fleet changes and the fleet still qualifies to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the fleet still qualifies to be so registered; and
(b) the Chief Registrar must amend the Register and the certificate of registry to reflect the change.


2011, c. 15, s. 42

Entries

Marginal note:

Copies of entries

76 A person may examine or obtain copies of any entries in the Register with respect to a vessel or fleet.

2001, c. 26, s. 76
2011, c. 15, s. 42

Previous Version

Regulations

Marginal note:

Regulations

77 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting the registration of vessels and fleets and the listing and recording of vessels;
(b) respecting the issuance and renewal of certificates of registry;
(c) respecting the suspension and cancellation of the registration of a Canadian vessel or a fleet, and the suspension and cancellation of the listing of a Canadian vessel;
(d) respecting the naming and marking of vessels;
(e) respecting the port of registration;
(f) respecting the form and manner of notifying the Chief Registrar under sections 58 and 75.1;
(g) respecting the evidence that owners of vessels previously registered in a foreign state must provide to prove that the vessels are no longer registered in the foreign state;
(h) respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and
(h.1) respecting the exemption of vessels or classes of vessels from the registration requirement in subsection 46(1);
(h.2) authorizing the Minister to exempt, by order, vessels or classes of vessels from the registration requirement in subsection 46(1) for the period specified in the regulations and on any terms and conditions that he or she considers appropriate, if he or she is of the opinion that the exemption is not likely to adversely affect marine safety, and authorizing the Minister to amend or revoke an exemption;
(h.3) respecting an authorization under paragraph (h.2); and
(i) prescribing anything that may be prescribed under this Part.


2001, c. 26, s. 77
2011, c. 15, s. 43

Previous Version

Offences and Punishment

Marginal note:

Contravention of Act or regulations

78 (1) Every person commits an offence who contravenes

(a) subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or
(b) a provision of the regulations made under paragraph 77(h).


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

79 (1) Every person commits an offence who contravenes

(a) subsection 46(2) (register vessel);
(b) an order made under subsection 52(4) (renaming of vessel);
(c) subsection 57(1) (mark vessel);
(d) subsection 57(3) (maintenance of markings);
(e) subsection 58(1) (notify of changes — authorized representative);
(f) subsection 58(2) (notify of alteration — authorized representative);
(g) subsection 58(3) (notify if no authorized representative — owner);
(h) subsection 58(4) (notify of completion of construction);
(i) subsection 63(1) (operation of vessel without a certificate on board);
(j) subsection 63(2) (deliver certificate to person entitled to operate vessel);
(k) subsection 63(3) (deliver certificate to Chief Registrar);
(l) subsection 64(2) (fly Canadian flag);
(l.1) subsection 75.09(2) (maintenance of markings);
(l.2) subsection 75.1(1) (notification of changes — name and address);
(l.3) subsection 75.1(2) (notification of changes — number of vessels);
(l.4) subsection 75.1(3) (notification of changes — owner);
(l.5) section 75.13 (delivery of certificate); or
(m) a provision of the regulations made under any of paragraphs 77(a) to (g).


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 $25,000.
Marginal note:
Continuing offence
(3) If an offence under paragraph (1)(a) or (c) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.


2001, c. 26, s. 79
2011, c. 15, s. 44
2023, c. 26, s. 369

 

Your Certificate of Registry is valid for five years. That’s true whether you’re on the Small Vessel Registry or the Large Vessel Registry. 

Transport Canada will send a written notification to the vessel owner as a reminder of its impending expiry, 45 days prior to the expiration date. The onus rests on the owner to ensure timely renewal of the certificate prior to its expiration.
Vessel Documentation Renewal Forms and More 
Use this form to renew your Certificate of Registry for the Large Register. 

Use this form to renew your registration on the Small Vessel Registry. 

For more information, contact us through our site and/or peruse these Canadian vessel laws below. 

Registration, 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.


2001, c. 26, s. 43
2011, c. 15, s. 38

Previous Version

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 fulfill 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.


2001, c. 26, s. 46
2011, c. 15, s. 39

Previous Version

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.


2001, c. 26, s. 47
2011, c. 15, s. 40

Previous Version

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.

2001, c. 26, s. 56
2023, c. 26, s. 366

Previous Version

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.

2023, c. 26, s. 366

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.


2001, c. 26, s. 58
2011, c. 15, s. 41(F)

Previous Version

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 canceling 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 canceled.

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 signaled 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.

Marginal note:

Entry of discharge of mortgage

66 On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.

Marginal note:

Priority of mortgages

67 (1) If more than one mortgage is registered in respect of the same vessel or share in a vessel, a mortgage registered before another mortgage has priority over that other mortgage.
Marginal note:
Consent to change in priority
(2) The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.

Marginal note:

Mortgagee not treated as owner

68 A mortgage of a vessel or a share in a vessel does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the vessel, except to the extent necessary to make the vessel or share available as security under the mortgage.

Marginal note:

Mortgagee has power of sale

69 (1) A mortgagee of a vessel or a share in a vessel has the absolute power, subject to any limitation set out in the registered mortgage, to sell the vessel or the share.
Marginal note:
Restriction
(2) If there is more than one registered mortgage of the same vessel or share, a subsequent mortgagee may not, except under an order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, sell the vessel or share without the agreement of every prior mortgagee.

Marginal note:

Mortgage not affected by bankruptcy

70 The mortgage of a vessel or a share in a vessel is not affected by the bankruptcy of the mortgagor after the date of the registration of the mortgage, and the mortgage is to be preferred to any right, claim or interest in the vessel or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.

Marginal note:

Transfer of mortgages

71 (1) A registered mortgage of a vessel or a share in a vessel may be transferred to any person, in which case the instrument affecting the transfer must be filed in the form and manner specified by the Chief Registrar.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transfer in the Register.

Marginal note:

Transmission of interest of mortgagee

72 (1) If the interest of a mortgagee in a vessel or a share in a vessel is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 71, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transmission in the Register.

Transfers of Vessels or Shares in Vessels

Marginal note:

Transfer

73 If the ownership of a Canadian vessel or a share in one changes and the vessel is still required or entitled to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the vessel is required or entitled to be so registered; and
(b) the Chief Registrar must amend the Register and the vessel’s certificate of registry to reflect the change.

Marginal note:

Order for sale on acquisition by an unqualified person

74 If an unqualified person acquires a Canadian vessel, other than a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), a vessel described in paragraph 47(c) (a vessel subject to a financing agreement) or a vessel described in section 48 (a bare-boat chartered vessel), or a share in one, any interested person may apply to the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for an order that the vessel or share, as the case may be, be sold to a qualified person.

Marginal note:

Power of court to prohibit transfer

75 On the application of an interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, may make an order prohibiting any dealing with a Canadian vessel or a share in one for a specified period.

Fleets

Marginal note:

Application for fleet

75.01 (1) An applicant may, instead of applying to have vessels individually registered in the small vessel register, apply to register a group of two or more vessels as a fleet in that register.
Marginal note:
Form and manner
(2) The application 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
(3) 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 the group of vessels may be registered as a fleet.


2011, c. 15, s. 42

Marginal note:

Registration — fleet

75.02 (1) The Chief Registrar may register a group of two or more vessels as a fleet if he or she is satisfied that

(a) all of the vessels are owned by the same owner;
(b) each vessel meets the requirements for registration in the small vessel register; and
(c) each vessel meets any other requirement — including with respect to a vessel’s dimensions, usage or propulsion — that the Chief Registrar may establish for the vessels of a fleet.


Marginal note:
Small vessel register
(2) A fleet that is accepted for registration must be registered in the small vessel register.


2011, c. 15, s. 42

Marginal note:

Certificate of registry

75.03 (1) The Chief Registrar must issue a certificate of registry in respect of a fleet that he or she registers, and the certificate is valid for the period that he or she specifies.
Marginal note:
Information
(2) A certificate of registry in respect of a fleet must contain the information specified by the Chief Registrar, including

(a) a description of the fleet;
(b) the fleet’s official number; and
(c) the name and address of the owner and the authorized representative of the fleet.


Marginal note:
Description — number of vessels
(3) In the fleet’s description, the Chief Registrar must specify either the number of vessels that are to be part of the fleet or the minimum and maximum numbers of vessels that can be part of it.
Marginal note:
Official number
(4) The fleet’s official number is also the official number of each vessel of that fleet.
Marginal note:
Authorized representative of fleet
(5) The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet and must be the same authorized representative for all of the fleet’s vessels.
(6) [Repealed, 2023, c. 26, s. 367]
Marginal note:
Acts or omissions of authorized representative binding
(7) The owner of a fleet is bound by the acts or omissions of the authorized representative of the fleet with respect to all matters assigned by this Act to that representative.


2011, c. 15, s. 42
2023, c. 26, s. 367

Previous Version

Marginal note:

Refusal to issue, renew or amend certificate

75.031 Despite any other provision of this Act, the Chief Registrar may refuse to issue or renew a certificate of registry in respect of a fleet, or to amend one under paragraph 75.14(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense in respect of that fleet or a vessel of that fleet under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.

2023, c. 26, s. 368

Marginal note:

Addition or removal of vessels

75.04 Subject to subsection 75.1(2), an owner of a fleet may, after the fleet is registered, add a vessel to the fleet or remove a vessel from it. However, any vessel that is to be added must

(a) be owned by the same owner as all of the other vessels of the fleet;
(b) satisfy the conditions set out in paragraphs 75.02(1)(b) and (c); and
(c) fit within the description or particulars set out in the fleet’s certificate of registry.


2011, c. 15, s. 42

Marginal note:

Vessels registered

75.05 (1) Subject to subsection (2), a vessel that is or becomes part of a fleet is considered to be registered under this Part and, for greater certainty, is a Canadian vessel.
Marginal note:
No longer registered
(2) Unless it becomes part of another fleet, such a vessel ceases to be registered under this Part if

(a) there is a change in its ownership; or
(b) it is altered to the extent that it no longer fits within the description or particulars set out in the fleet’s certificate of registry.




2011, c. 15, s. 42

Marginal note:

Cancellation of individual registration

75.06 The Chief Registrar may cancel the registration of a Canadian vessel if the vessel becomes part of a fleet.

2011, c. 15, s. 42

Marginal note:

Non-application of provisions

75.07 The following provisions do not apply in respect of a fleet or a vessel of a fleet:

(a) subsections 57(2) and (3);
(b) section 58;
(c) section 60;
(d) section 62;
(e) subsections 63(1) and (2);
(f) section 73.


2011, c. 15, s. 42

Marginal note:

For greater certainty

75.08 (1) For greater certainty, the following provisions apply in respect of a fleet or a vessel of a fleet:

(a) section 56;
(b) subsections 57(1) and (4);
(c) subsections 63(3) and (4).


Marginal note:
Section 59
(2) Section 59 applies in respect of a fleet, except that the reference to “section 58” is to be read as a reference to “section 75.1”.


2011, c. 15, s. 42

Marginal note:

Marking — validity of fleet’s certificate of registry

75.09 (1) A fleet’s certificate of registry is not valid unless each of the fleet’s vessels has been marked in accordance with subsection 57(1).
Marginal note:
Maintenance of markings
(2) The authorized representative of a fleet shall ensure that each of the fleet’s vessels is kept marked.


2011, c. 15, s. 42

Marginal note:

Notification of changes — name and address

75.1 (1) The authorized representative of a fleet shall notify the Chief Registrar within 30 days after there has been a change in the owner’s or authorized representative’s name or address.
Marginal note:
Notification of changes — number of vessels
(2) If the number of vessels in a fleet changes to the extent that the fleet no longer corresponds with its description set out on the certificate of registry, its authorized representative shall, within 30 days after the change in number, notify the Chief Registrar and provide him or her with the relevant information and documents.
Marginal note:
Notification of changes — owner
(3) If for any reason a fleet 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.




2011, c. 15, s. 42

Marginal note:

Suspension and cancellation

75.11 (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration of a fleet if

(a) any one of the fleet’s vessels is not marked in accordance with subsection 57(1);
(b) the fleet’s certificate of registry has expired;
(c) the fleet does not have an authorized representative; or
(d) section 75.1 has not been complied with.


Marginal note:
Cancellation — fleet
(2) Subject to the regulations, the Chief Registrar must cancel the registration of a fleet if it no longer qualifies for registration under this Part.
Marginal note:
Evidence
(3) The Chief Registrar must cancel the registration of a fleet if a person who acquires the fleet does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the fleet still qualifies for registration under this Part.


2011, c. 15, s. 42

Marginal note:

Reinstatement

75.12 The Chief Registrar may reinstate the registration of a fleet if, in his or her opinion, the registration of the fleet should not have been canceled.

2011, c. 15, s. 42

Marginal note:

Delivery of certificate

75.13 A person who is in possession of a fleet’s certificate of registry shall deliver it to the person who is entitled to operate the fleet.

2011, c. 15, s. 42

Marginal note:

Change of ownership

75.14 If the ownership of a fleet changes and the fleet still qualifies to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the fleet still qualifies to be so registered; and
(b) the Chief Registrar must amend the Register and the certificate of registry to reflect the change.


2011, c. 15, s. 42

Entries

Marginal note:

Copies of entries

76 A person may examine or obtain copies of any entries in the Register with respect to a vessel or fleet.

2001, c. 26, s. 76
2011, c. 15, s. 42

Previous Version

Regulations

Marginal note:

Regulations

77 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting the registration of vessels and fleets and the listing and recording of vessels;
(b) respecting the issuance and renewal of certificates of registry;
(c) respecting the suspension and cancellation of the registration of a Canadian vessel or a fleet, and the suspension and cancellation of the listing of a Canadian vessel;
(d) respecting the naming and marking of vessels;
(e) respecting the port of registration;
(f) respecting the form and manner of notifying the Chief Registrar under sections 58 and 75.1;
(g) respecting the evidence that owners of vessels previously registered in a foreign state must provide to prove that the vessels are no longer registered in the foreign state;
(h) respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and
(h.1) respecting the exemption of vessels or classes of vessels from the registration requirement in subsection 46(1);
(h.2) authorizing the Minister to exempt, by order, vessels or classes of vessels from the registration requirement in subsection 46(1) for the period specified in the regulations and on any terms and conditions that he or she considers appropriate, if he or she is of the opinion that the exemption is not likely to adversely affect marine safety, and authorizing the Minister to amend or revoke an exemption;
(h.3) respecting an authorization under paragraph (h.2); and
(i) prescribing anything that may be prescribed under this Part.


2001, c. 26, s. 77
2011, c. 15, s. 43

Previous Version

Offences and Punishment

Marginal note:

Contravention of Act or regulations

78 (1) Every person commits an offence who contravenes

(a) subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or
(b) a provision of the regulations made under paragraph 77(h).


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

79 (1) Every person commits an offence who contravenes

(a) subsection 46(2) (register vessel);
(b) an order made under subsection 52(4) (renaming of vessel);
(c) subsection 57(1) (mark vessel);
(d) subsection 57(3) (maintenance of markings);
(e) subsection 58(1) (notify of changes — authorized representative);
(f) subsection 58(2) (notify of alteration — authorized representative);
(g) subsection 58(3) (notify if no authorized representative — owner);
(h) subsection 58(4) (notify of completion of construction);
(i) subsection 63(1) (operation of vessel without a certificate on board);
(j) subsection 63(2) (deliver certificate to person entitled to operate vessel);
(k) subsection 63(3) (deliver certificate to Chief Registrar);
(l) subsection 64(2) (fly Canadian flag);
(l.1) subsection 75.09(2) (maintenance of markings);
(l.2) subsection 75.1(1) (notification of changes — name and address);
(l.3) subsection 75.1(2) (notification of changes — number of vessels);
(l.4) subsection 75.1(3) (notification of changes — owner);
(l.5) section 75.13 (delivery of certificate); or
(m) a provision of the regulations made under any of paragraphs 77(a) to (g).


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 $25,000.
Marginal note:
Continuing offence
(3) If an offence under paragraph (1)(a) or (c) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.


2001, c. 26, s. 79
2011, c. 15, s. 44
2023, c. 26, s. 369

Commercial Vessels are Usually Documented But There Are Exceptions 
Registration in the Large Vessel Register is mandatory if your vessel:

is a commercial boat with a gross tonnage equal to or over 15 and powered by motors with a combined power of 7.5 kW (10 horsepower) or higher
is a barge with a gross tonnage of 15 or more
you plan on having marine mortgage to registered with Transport Canada
you want to have a reserved name
is about to undergo or is currently under construction in Canada
is a pleasure boat that is yet to be licensed

Conversely, registration in the Small Vessel Register is required if your vessel:

is a commercial (non-pleasure) barge or vessel with a gross tonnage of 15 or less, and is powered by a motor of 7.5 kW (10 horsepower) or higher
is a commercial river raft
Even if your vessel meets the criteria for the Small Vessel Register, if you wish to name your vessel or register a mortgage, you must register your vessel in the Large Vessel Register.

For vessels that might travel internationally, you might want to explore registration in the Large Vessel Register.

For further clarification or queries, please feel free to get in touch.
Laws Governing the Transport Canada Boat Registry and More 
If you wish to learn more about the Transport Canada Boat Registry, we offer these laws and/or you can contact us. 

Registration, 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.


2001, c. 26, s. 43
2011, c. 15, s. 38

Previous Version

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 fulfill 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.


2001, c. 26, s. 46
2011, c. 15, s. 39

Previous Version

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.


2001, c. 26, s. 47
2011, c. 15, s. 40

Previous Version

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.

2001, c. 26, s. 56
2023, c. 26, s. 366

Previous Version

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.

2023, c. 26, s. 366

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.


2001, c. 26, s. 58
2011, c. 15, s. 41(F)

Previous Version

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 canceling 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 canceled.

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 signaled 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.

Marginal note:

Entry of discharge of mortgage

66 On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.

Marginal note:

Priority of mortgages

67 (1) If more than one mortgage is registered in respect of the same vessel or share in a vessel, a mortgage registered before another mortgage has priority over that other mortgage.
Marginal note:
Consent to change in priority
(2) The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.

Marginal note:

Mortgagee not treated as owner

68 A mortgage of a vessel or a share in a vessel does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the vessel, except to the extent necessary to make the vessel or share available as security under the mortgage.

Marginal note:

Mortgagee has power of sale

69 (1) A mortgagee of a vessel or a share in a vessel has the absolute power, subject to any limitation set out in the registered mortgage, to sell the vessel or the share.
Marginal note:
Restriction
(2) If there is more than one registered mortgage of the same vessel or share, a subsequent mortgagee may not, except under an order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, sell the vessel or share without the agreement of every prior mortgagee.

Marginal note:

Mortgage not affected by bankruptcy

70 The mortgage of a vessel or a share in a vessel is not affected by the bankruptcy of the mortgagor after the date of the registration of the mortgage, and the mortgage is to be preferred to any right, claim or interest in the vessel or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.

Marginal note:

Transfer of mortgages

71 (1) A registered mortgage of a vessel or a share in a vessel may be transferred to any person, in which case the instrument affecting the transfer must be filed in the form and manner specified by the Chief Registrar.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transfer in the Register.

Marginal note:

Transmission of interest of mortgagee

72 (1) If the interest of a mortgagee in a vessel or a share in a vessel is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 71, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transmission in the Register.

Transfers of Vessels or Shares in Vessels

Marginal note:

Transfer

73 If the ownership of a Canadian vessel or a share in one changes and the vessel is still required or entitled to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the vessel is required or entitled to be so registered; and
(b) the Chief Registrar must amend the Register and the vessel’s certificate of registry to reflect the change.

Marginal note:

Order for sale on acquisition by an unqualified person

74 If an unqualified person acquires a Canadian vessel, other than a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), a vessel described in paragraph 47(c) (a vessel subject to a financing agreement) or a vessel described in section 48 (a bare-boat chartered vessel), or a share in one, any interested person may apply to the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for an order that the vessel or share, as the case may be, be sold to a qualified person.

Marginal note:

Power of court to prohibit transfer

75 On the application of an interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, may make an order prohibiting any dealing with a Canadian vessel or a share in one for a specified period.

Fleets

Marginal note:

Application for fleet

75.01 (1) An applicant may, instead of applying to have vessels individually registered in the small vessel register, apply to register a group of two or more vessels as a fleet in that register.
Marginal note:
Form and manner
(2) The application 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
(3) 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 the group of vessels may be registered as a fleet.


2011, c. 15, s. 42

Marginal note:

Registration — fleet

75.02 (1) The Chief Registrar may register a group of two or more vessels as a fleet if he or she is satisfied that

(a) all of the vessels are owned by the same owner;
(b) each vessel meets the requirements for registration in the small vessel register; and
(c) each vessel meets any other requirement — including with respect to a vessel’s dimensions, usage or propulsion — that the Chief Registrar may establish for the vessels of a fleet.


Marginal note:
Small vessel register
(2) A fleet that is accepted for registration must be registered in the small vessel register.


2011, c. 15, s. 42

Marginal note:

Certificate of registry

75.03 (1) The Chief Registrar must issue a certificate of registry in respect of a fleet that he or she registers, and the certificate is valid for the period that he or she specifies.
Marginal note:
Information
(2) A certificate of registry in respect of a fleet must contain the information specified by the Chief Registrar, including

(a) a description of the fleet;
(b) the fleet’s official number; and
(c) the name and address of the owner and the authorized representative of the fleet.


Marginal note:
Description — number of vessels
(3) In the fleet’s description, the Chief Registrar must specify either the number of vessels that are to be part of the fleet or the minimum and maximum numbers of vessels that can be part of it.
Marginal note:
Official number
(4) The fleet’s official number is also the official number of each vessel of that fleet.
Marginal note:
Authorized representative of fleet
(5) The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet and must be the same authorized representative for all of the fleet’s vessels.
(6) [Repealed, 2023, c. 26, s. 367]
Marginal note:
Acts or omissions of authorized representative binding
(7) The owner of a fleet is bound by the acts or omissions of the authorized representative of the fleet with respect to all matters assigned by this Act to that representative.


2011, c. 15, s. 42
2023, c. 26, s. 367

Previous Version

Marginal note:

Refusal to issue, renew or amend certificate

75.031 Despite any other provision of this Act, the Chief Registrar may refuse to issue or renew a certificate of registry in respect of a fleet, or to amend one under paragraph 75.14(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense in respect of that fleet or a vessel of that fleet under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.

2023, c. 26, s. 368

Marginal note:

Addition or removal of vessels

75.04 Subject to subsection 75.1(2), an owner of a fleet may, after the fleet is registered, add a vessel to the fleet or remove a vessel from it. However, any vessel that is to be added must

(a) be owned by the same owner as all of the other vessels of the fleet;
(b) satisfy the conditions set out in paragraphs 75.02(1)(b) and (c); and
(c) fit within the description or particulars set out in the fleet’s certificate of registry.


2011, c. 15, s. 42

Marginal note:

Vessels registered

75.05 (1) Subject to subsection (2), a vessel that is or becomes part of a fleet is considered to be registered under this Part and, for greater certainty, is a Canadian vessel.
Marginal note:
No longer registered
(2) Unless it becomes part of another fleet, such a vessel ceases to be registered under this Part if

(a) there is a change in its ownership; or
(b) it is altered to the extent that it no longer fits within the description or particulars set out in the fleet’s certificate of registry.




2011, c. 15, s. 42

Marginal note:

Cancellation of individual registration

75.06 The Chief Registrar may cancel the registration of a Canadian vessel if the vessel becomes part of a fleet.

2011, c. 15, s. 42

Marginal note:

Non-application of provisions

75.07 The following provisions do not apply in respect of a fleet or a vessel of a fleet:

(a) subsections 57(2) and (3);
(b) section 58;
(c) section 60;
(d) section 62;
(e) subsections 63(1) and (2);
(f) section 73.


2011, c. 15, s. 42

Marginal note:

For greater certainty

75.08 (1) For greater certainty, the following provisions apply in respect of a fleet or a vessel of a fleet:

(a) section 56;
(b) subsections 57(1) and (4);
(c) subsections 63(3) and (4).


Marginal note:
Section 59
(2) Section 59 applies in respect of a fleet, except that the reference to “section 58” is to be read as a reference to “section 75.1”.


2011, c. 15, s. 42

Marginal note:

Marking — validity of fleet’s certificate of registry

75.09 (1) A fleet’s certificate of registry is not valid unless each of the fleet’s vessels has been marked in accordance with subsection 57(1).
Marginal note:
Maintenance of markings
(2) The authorized representative of a fleet shall ensure that each of the fleet’s vessels is kept marked.


2011, c. 15, s. 42

Marginal note:

Notification of changes — name and address

75.1 (1) The authorized representative of a fleet shall notify the Chief Registrar within 30 days after there has been a change in the owner’s or authorized representative’s name or address.
Marginal note:
Notification of changes — number of vessels
(2) If the number of vessels in a fleet changes to the extent that the fleet no longer corresponds with its description set out on the certificate of registry, its authorized representative shall, within 30 days after the change in number, notify the Chief Registrar and provide him or her with the relevant information and documents.
Marginal note:
Notification of changes — owner
(3) If for any reason a fleet 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.




2011, c. 15, s. 42

Marginal note:

Suspension and cancellation

75.11 (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration of a fleet if

(a) any one of the fleet’s vessels is not marked in accordance with subsection 57(1);
(b) the fleet’s certificate of registry has expired;
(c) the fleet does not have an authorized representative; or
(d) section 75.1 has not been complied with.


Marginal note:
Cancellation — fleet
(2) Subject to the regulations, the Chief Registrar must cancel the registration of a fleet if it no longer qualifies for registration under this Part.
Marginal note:
Evidence
(3) The Chief Registrar must cancel the registration of a fleet if a person who acquires the fleet does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the fleet still qualifies for registration under this Part.


2011, c. 15, s. 42

Marginal note:

Reinstatement

75.12 The Chief Registrar may reinstate the registration of a fleet if, in his or her opinion, the registration of the fleet should not have been canceled.

2011, c. 15, s. 42

Marginal note:

Delivery of certificate

75.13 A person who is in possession of a fleet’s certificate of registry shall deliver it to the person who is entitled to operate the fleet.

2011, c. 15, s. 42

Marginal note:

Change of ownership

75.14 If the ownership of a fleet changes and the fleet still qualifies to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the fleet still qualifies to be so registered; and
(b) the Chief Registrar must amend the Register and the certificate of registry to reflect the change.


2011, c. 15, s. 42

Entries

Marginal note:

Copies of entries

76 A person may examine or obtain copies of any entries in the Register with respect to a vessel or fleet.

2001, c. 26, s. 76
2011, c. 15, s. 42

Previous Version

Regulations

Marginal note:

Regulations

77 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting the registration of vessels and fleets and the listing and recording of vessels;
(b) respecting the issuance and renewal of certificates of registry;
(c) respecting the suspension and cancellation of the registration of a Canadian vessel or a fleet, and the suspension and cancellation of the listing of a Canadian vessel;
(d) respecting the naming and marking of vessels;
(e) respecting the port of registration;
(f) respecting the form and manner of notifying the Chief Registrar under sections 58 and 75.1;
(g) respecting the evidence that owners of vessels previously registered in a foreign state must provide to prove that the vessels are no longer registered in the foreign state;
(h) respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and
(h.1) respecting the exemption of vessels or classes of vessels from the registration requirement in subsection 46(1);
(h.2) authorizing the Minister to exempt, by order, vessels or classes of vessels from the registration requirement in subsection 46(1) for the period specified in the regulations and on any terms and conditions that he or she considers appropriate, if he or she is of the opinion that the exemption is not likely to adversely affect marine safety, and authorizing the Minister to amend or revoke an exemption;
(h.3) respecting an authorization under paragraph (h.2); and
(i) prescribing anything that may be prescribed under this Part.


2001, c. 26, s. 77
2011, c. 15, s. 43

Previous Version

Offences and Punishment

Marginal note:

Contravention of Act or regulations

78 (1) Every person commits an offence who contravenes

(a) subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or
(b) a provision of the regulations made under paragraph 77(h).


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

79 (1) Every person commits an offence who contravenes

(a) subsection 46(2) (register vessel);
(b) an order made under subsection 52(4) (renaming of vessel);
(c) subsection 57(1) (mark vessel);
(d) subsection 57(3) (maintenance of markings);
(e) subsection 58(1) (notify of changes — authorized representative);
(f) subsection 58(2) (notify of alteration — authorized representative);
(g) subsection 58(3) (notify if no authorized representative — owner);
(h) subsection 58(4) (notify of completion of construction);
(i) subsection 63(1) (operation of vessel without a certificate on board);
(j) subsection 63(2) (deliver certificate to person entitled to operate vessel);
(k) subsection 63(3) (deliver certificate to Chief Registrar);
(l) subsection 64(2) (fly Canadian flag);
(l.1) subsection 75.09(2) (maintenance of markings);
(l.2) subsection 75.1(1) (notification of changes — name and address);
(l.3) subsection 75.1(2) (notification of changes — number of vessels);
(l.4) subsection 75.1(3) (notification of changes — owner);
(l.5) section 75.13 (delivery of certificate); or
(m) a provision of the regulations made under any of paragraphs 77(a) to (g).


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 $25,000.
Marginal note:
Continuing offence
(3) If an offence under paragraph (1)(a) or (c) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.


2001, c. 26, s. 79
2011, c. 15, s. 44
2023, c. 26, s. 369

 

Usually, If It’s At Least 25 Feet Long, It Measures Five Net Tons Or More 
Net tonnage determines a vessel's volume, distinct from its weight, which may also be expressed in tons. Access to this information should be available via the manufacturer’s data or a gross tonnage calculator, but an approximation can also be calculated independently. A useful guideline is that vessels longer than 25 feet typically have a net tonnage of at least five tons or more.

Mandatory for registration, vessel tonnage must be measured as dictated by the Vessel Registration and Tonnage Regulations and TP 13430 (Standard for the Tonnage Measurement of Vessels) by an officially appointed Tonnage Measurer.

Depending on specific conditions stated in the TP 13430, some smaller vessel owners may be allowed to determine their vessel's tonnage, as explained below.

Vessels shorter than 12 meters, as detailed in the Small Vessel Regulations (SVR), can opt to use the "Assigned Formal Tonnage" (non-calculated tonnage). This simply involves correlating the vessel's length to the tonnage number listed in subsection 3.7 of TP 13430.

Below 8.5 m = gross tonnage of 4.99

8.5 m to less than 10 m = gross tonnage of 9.99

10 m to less than 12 m = gross tonnage of 14.99

Alongside the non-calculated "Assigned Formal Tonnage", owners have the option to use the Simplified Method, as described in Part 3 of the TP 13430, instead of the full measurement by the appointed Tonnage Measurer. This method is applicable for the following vessels:

Monohulls 15 metres in tonnage measurement length (TML) or shorter with a maximum of a single tier of deckhouses and/or superstructures (inclusive of breaks that are also seen as one tier of superstructures) and whose combined total length does not surpass 70% of TML - Apply Form 4A Simplified Method of Tonnage Measurement [PDF version].

A “Monohull vessel" is a vessel made up of a single hull.

Simple multihull vessels 15 metres in TML or shorter - utilize Form 4B Tonnage Measurement of a Simple Multihull Vessel [PDF version].

A “Simple multihull vessel" refers to a flat platform placed on at least two pontoons, with no additional spaces contributing to the vessel's volume apart from the pontoons.

We understand that this may be complicated. If you have more questions, we invite you to reach out to us through our Transport Canada Marine Registration site. 
Laws Regarding Transport Canada Marine Registration, Tonnage, and More 
These following laws may pertain to your situation. Should you have more questions, feel free to contact us. 

Registration, 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.


2001, c. 26, s. 43
2011, c. 15, s. 38

Previous Version

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 fulfill 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.


2001, c. 26, s. 46
2011, c. 15, s. 39

Previous Version

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.


2001, c. 26, s. 47
2011, c. 15, s. 40

Previous Version

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.

2001, c. 26, s. 56
2023, c. 26, s. 366

Previous Version

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.

2023, c. 26, s. 366

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.


2001, c. 26, s. 58
2011, c. 15, s. 41(F)

Previous Version

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 canceling 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 canceled.

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 signaled 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.

Marginal note:

Entry of discharge of mortgage

66 On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.

Marginal note:

Priority of mortgages

67 (1) If more than one mortgage is registered in respect of the same vessel or share in a vessel, a mortgage registered before another mortgage has priority over that other mortgage.
Marginal note:
Consent to change in priority
(2) The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.

Marginal note:

Mortgagee not treated as owner

68 A mortgage of a vessel or a share in a vessel does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the vessel, except to the extent necessary to make the vessel or share available as security under the mortgage.

Marginal note:

Mortgagee has power of sale

69 (1) A mortgagee of a vessel or a share in a vessel has the absolute power, subject to any limitation set out in the registered mortgage, to sell the vessel or the share.
Marginal note:
Restriction
(2) If there is more than one registered mortgage of the same vessel or share, a subsequent mortgagee may not, except under an order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, sell the vessel or share without the agreement of every prior mortgagee.

Marginal note:

Mortgage not affected by bankruptcy

70 The mortgage of a vessel or a share in a vessel is not affected by the bankruptcy of the mortgagor after the date of the registration of the mortgage, and the mortgage is to be preferred to any right, claim or interest in the vessel or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.

Marginal note:

Transfer of mortgages

71 (1) A registered mortgage of a vessel or a share in a vessel may be transferred to any person, in which case the instrument affecting the transfer must be filed in the form and manner specified by the Chief Registrar.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transfer in the Register.

Marginal note:

Transmission of interest of mortgagee

72 (1) If the interest of a mortgagee in a vessel or a share in a vessel is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 71, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.
Marginal note:
Entry of particulars
(2) The Chief Registrar is to enter the particulars of the transmission in the Register.

Transfers of Vessels or Shares in Vessels

Marginal note:

Transfer

73 If the ownership of a Canadian vessel or a share in one changes and the vessel is still required or entitled to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the vessel is required or entitled to be so registered; and
(b) the Chief Registrar must amend the Register and the vessel’s certificate of registry to reflect the change.

Marginal note:

Order for sale on acquisition by an unqualified person

74 If an unqualified person acquires a Canadian vessel, other than a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), a vessel described in paragraph 47(c) (a vessel subject to a financing agreement) or a vessel described in section 48 (a bare-boat chartered vessel), or a share in one, any interested person may apply to the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for an order that the vessel or share, as the case may be, be sold to a qualified person.

Marginal note:

Power of court to prohibit transfer

75 On the application of an interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, may make an order prohibiting any dealing with a Canadian vessel or a share in one for a specified period.

Fleets

Marginal note:

Application for fleet

75.01 (1) An applicant may, instead of applying to have vessels individually registered in the small vessel register, apply to register a group of two or more vessels as a fleet in that register.
Marginal note:
Form and manner
(2) The application 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
(3) 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 the group of vessels may be registered as a fleet.


2011, c. 15, s. 42

Marginal note:

Registration — fleet

75.02 (1) The Chief Registrar may register a group of two or more vessels as a fleet if he or she is satisfied that

(a) all of the vessels are owned by the same owner;
(b) each vessel meets the requirements for registration in the small vessel register; and
(c) each vessel meets any other requirement — including with respect to a vessel’s dimensions, usage or propulsion — that the Chief Registrar may establish for the vessels of a fleet.


Marginal note:
Small vessel register
(2) A fleet that is accepted for registration must be registered in the small vessel register.


2011, c. 15, s. 42

Marginal note:

Certificate of registry

75.03 (1) The Chief Registrar must issue a certificate of registry in respect of a fleet that he or she registers, and the certificate is valid for the period that he or she specifies.
Marginal note:
Information
(2) A certificate of registry in respect of a fleet must contain the information specified by the Chief Registrar, including

(a) a description of the fleet;
(b) the fleet’s official number; and
(c) the name and address of the owner and the authorized representative of the fleet.


Marginal note:
Description — number of vessels
(3) In the fleet’s description, the Chief Registrar must specify either the number of vessels that are to be part of the fleet or the minimum and maximum numbers of vessels that can be part of it.
Marginal note:
Official number
(4) The fleet’s official number is also the official number of each vessel of that fleet.
Marginal note:
Authorized representative of fleet
(5) The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet and must be the same authorized representative for all of the fleet’s vessels.
(6) [Repealed, 2023, c. 26, s. 367]
Marginal note:
Acts or omissions of authorized representative binding
(7) The owner of a fleet is bound by the acts or omissions of the authorized representative of the fleet with respect to all matters assigned by this Act to that representative.


2011, c. 15, s. 42
2023, c. 26, s. 367

Previous Version

Marginal note:

Refusal to issue, renew or amend certificate

75.031 Despite any other provision of this Act, the Chief Registrar may refuse to issue or renew a certificate of registry in respect of a fleet, or to amend one under paragraph 75.14(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense in respect of that fleet or a vessel of that fleet under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.

2023, c. 26, s. 368

Marginal note:

Addition or removal of vessels

75.04 Subject to subsection 75.1(2), an owner of a fleet may, after the fleet is registered, add a vessel to the fleet or remove a vessel from it. However, any vessel that is to be added must

(a) be owned by the same owner as all of the other vessels of the fleet;
(b) satisfy the conditions set out in paragraphs 75.02(1)(b) and (c); and
(c) fit within the description or particulars set out in the fleet’s certificate of registry.


2011, c. 15, s. 42

Marginal note:

Vessels registered

75.05 (1) Subject to subsection (2), a vessel that is or becomes part of a fleet is considered to be registered under this Part and, for greater certainty, is a Canadian vessel.
Marginal note:
No longer registered
(2) Unless it becomes part of another fleet, such a vessel ceases to be registered under this Part if

(a) there is a change in its ownership; or
(b) it is altered to the extent that it no longer fits within the description or particulars set out in the fleet’s certificate of registry.




2011, c. 15, s. 42

Marginal note:

Cancellation of individual registration

75.06 The Chief Registrar may cancel the registration of a Canadian vessel if the vessel becomes part of a fleet.

2011, c. 15, s. 42

Marginal note:

Non-application of provisions

75.07 The following provisions do not apply in respect of a fleet or a vessel of a fleet:

(a) subsections 57(2) and (3);
(b) section 58;
(c) section 60;
(d) section 62;
(e) subsections 63(1) and (2);
(f) section 73.


2011, c. 15, s. 42

Marginal note:

For greater certainty

75.08 (1) For greater certainty, the following provisions apply in respect of a fleet or a vessel of a fleet:

(a) section 56;
(b) subsections 57(1) and (4);
(c) subsections 63(3) and (4).


Marginal note:
Section 59
(2) Section 59 applies in respect of a fleet, except that the reference to “section 58” is to be read as a reference to “section 75.1”.


2011, c. 15, s. 42

Marginal note:

Marking — validity of fleet’s certificate of registry

75.09 (1) A fleet’s certificate of registry is not valid unless each of the fleet’s vessels has been marked in accordance with subsection 57(1).
Marginal note:
Maintenance of markings
(2) The authorized representative of a fleet shall ensure that each of the fleet’s vessels is kept marked.


2011, c. 15, s. 42

Marginal note:

Notification of changes — name and address

75.1 (1) The authorized representative of a fleet shall notify the Chief Registrar within 30 days after there has been a change in the owner’s or authorized representative’s name or address.
Marginal note:
Notification of changes — number of vessels
(2) If the number of vessels in a fleet changes to the extent that the fleet no longer corresponds with its description set out on the certificate of registry, its authorized representative shall, within 30 days after the change in number, notify the Chief Registrar and provide him or her with the relevant information and documents.
Marginal note:
Notification of changes — owner
(3) If for any reason a fleet 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.




2011, c. 15, s. 42

Marginal note:

Suspension and cancellation

75.11 (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration of a fleet if

(a) any one of the fleet’s vessels is not marked in accordance with subsection 57(1);
(b) the fleet’s certificate of registry has expired;
(c) the fleet does not have an authorized representative; or
(d) section 75.1 has not been complied with.


Marginal note:
Cancellation — fleet
(2) Subject to the regulations, the Chief Registrar must cancel the registration of a fleet if it no longer qualifies for registration under this Part.
Marginal note:
Evidence
(3) The Chief Registrar must cancel the registration of a fleet if a person who acquires the fleet does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the fleet still qualifies for registration under this Part.


2011, c. 15, s. 42

Marginal note:

Reinstatement

75.12 The Chief Registrar may reinstate the registration of a fleet if, in his or her opinion, the registration of the fleet should not have been canceled.

2011, c. 15, s. 42

Marginal note:

Delivery of certificate

75.13 A person who is in possession of a fleet’s certificate of registry shall deliver it to the person who is entitled to operate the fleet.

2011, c. 15, s. 42

Marginal note:

Change of ownership

75.14 If the ownership of a fleet changes and the fleet still qualifies to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the fleet still qualifies to be so registered; and
(b) the Chief Registrar must amend the Register and the certificate of registry to reflect the change.


2011, c. 15, s. 42

Entries

Marginal note:

Copies of entries

76 A person may examine or obtain copies of any entries in the Register with respect to a vessel or fleet.

2001, c. 26, s. 76
2011, c. 15, s. 42

Previous Version

Regulations

Marginal note:

Regulations

77 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting the registration of vessels and fleets and the listing and recording of vessels;
(b) respecting the issuance and renewal of certificates of registry;
(c) respecting the suspension and cancellation of the registration of a Canadian vessel or a fleet, and the suspension and cancellation of the listing of a Canadian vessel;
(d) respecting the naming and marking of vessels;
(e) respecting the port of registration;
(f) respecting the form and manner of notifying the Chief Registrar under sections 58 and 75.1;
(g) respecting the evidence that owners of vessels previously registered in a foreign state must provide to prove that the vessels are no longer registered in the foreign state;
(h) respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and
(h.1) respecting the exemption of vessels or classes of vessels from the registration requirement in subsection 46(1);
(h.2) authorizing the Minister to exempt, by order, vessels or classes of vessels from the registration requirement in subsection 46(1) for the period specified in the regulations and on any terms and conditions that he or she considers appropriate, if he or she is of the opinion that the exemption is not likely to adversely affect marine safety, and authorizing the Minister to amend or revoke an exemption;
(h.3) respecting an authorization under paragraph (h.2); and
(i) prescribing anything that may be prescribed under this Part.


2001, c. 26, s. 77
2011, c. 15, s. 43

Previous Version

Offences and Punishment

Marginal note:

Contravention of Act or regulations

78 (1) Every person commits an offence who contravenes

(a) subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or
(b) a provision of the regulations made under paragraph 77(h).


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

79 (1) Every person commits an offence who contravenes

(a) subsection 46(2) (register vessel);
(b) an order made under subsection 52(4) (renaming of vessel);
(c) subsection 57(1) (mark vessel);
(d) subsection 57(3) (maintenance of markings);
(e) subsection 58(1) (notify of changes — authorized representative);
(f) subsection 58(2) (notify of alteration — authorized representative);
(g) subsection 58(3) (notify if no authorized representative — owner);
(h) subsection 58(4) (notify of completion of construction);
(i) subsection 63(1) (operation of vessel without a certificate on board);
(j) subsection 63(2) (deliver certificate to person entitled to operate vessel);
(k) subsection 63(3) (deliver certificate to Chief Registrar);
(l) subsection 64(2) (fly Canadian flag);
(l.1) subsection 75.09(2) (maintenance of markings);
(l.2) subsection 75.1(1) (notification of changes — name and address);
(l.3) subsection 75.1(2) (notification of changes — number of vessels);
(l.4) subsection 75.1(3) (notification of changes — owner);
(l.5) section 75.13 (delivery of certificate); or
(m) a provision of the regulations made under any of paragraphs 77(a) to (g).


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 $25,000.
Marginal note:
Continuing offence
(3) If an offence under paragraph (1)(a) or (c) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.


2001, c. 26, s. 79
2011, c. 15, s. 44
2023, c. 26, s. 369