FAQs: Ownership

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. 

If the vessel was built in Canada, you can attach the form for a Builder’s Certificate for First Title in Canada and, if applicable, all the Bills of Sale that led to you owning the vessel. 

If the vessel was built in a foreign country but never previously owned, a Builder’s Certificate from that foreign country will suffice. 

Do you wish to maintain good status with Transport Canada as a Canadian vessel owner? Maybe you need to provide evidence of ownership when selling your yacht. This post will teach you how to quickly verify your Canadian watercraft's ownership, whatever the reason. Have there been times when you were out on your boat and wondered whether you were legally authorized to do something? Perhaps you have sailed in Canadian waters and were curious about the rules. 

Here in this essay, we'll go through the several ways you might demonstrate your rightful possession of a Canadian watercraft. We'll go through the many forms you need and the best practices for maintaining their currency. Read on if you're interested in learning more about proof of ownership! The best ways to safeguard and conveniently access your evidence of ownership are outlined below.
Keep Your Registration In A Safe Place - Preferably Somewhere Waterproof!
Various storage options are available to ensure the security of your evidence of ownership. You could, for instance, store it in a container that is waterproof and resistant to fire, or you might tie it with a chain attached to a metal ring. If, on the other hand, you want something more conventional and convenient to take with you at all times, then you should consider purchasing a waterproof wallet. They are available in various forms and dimensions; thus, choose the one that best meets your requirements. Store it in a waterproof location, such as a tackle box or the bottom of a cooler. You don't want to take the chance of losing this essential piece of paperwork if your Canadian vessel capsizes!
Make Sure You Always Have a Copy of Your Registration On the Board 
You should always ensure you have a copy of your registration on board your operating vessel. You must be able to provide evidence of ownership in a timely way if, for some reason, you are ever required to do so. You won't be held back from going back on the water if you do it this way. This may be used as evidence of ownership if someone ever wants to demonstrate that they are the rightful owner of the boat. This is vital if you ever need rescue or if you ever need to verify ownership of the Canadian vessel if it is involved in an accident. It is also vital because, if your boat is ever lost at sea, it will assist in ensuring that any insurance claims are paid out correctly.
Carry Your Papers with You When You Take Your Canadian Vessel Out for A Sail
Take your boat out for a spin, but don't forget to bring the paperwork that proves you're the rightful owner. The registration papers are legitimate legal documents that would be required to be shown to a law enforcement officer if you were stopped by them while on the water. Having the original registration documents on you makes it easier for authorities to contact the owner of the boat that is damaged and washes up on land. 

This will allow you some breathing room to get in touch with a lawyer before the yacht is either repossessed or auctioned off. Keep your registration out of the back of the filing cabinet or the bottom of the desk drawer. Many potential purchasers will only buy a Canadian vessel if they can see the original paperwork and any extras that came with it. If the person you plan on leasing your boat to needs a license, providing them with a copy of yours will make the process much smoother.


Update Your Insurance Information As Soon As It Changes
Knowing where to store and how to access your Canadian vessel registration certificate is essential. Keeping your registration current is one of the greatest ways to prove ownership. Things like updating your insurance details and registering your yacht with the National Vessel Registry Center are examples of what this category encompasses. Keep the certificate handy if you need to provide evidence of ownership, such as if you are stopped at a border and asked for it. When entering Ontario from the United States or another province, you may be requested to provide evidence of ownership. You may be asked for proof if you want to rent a slip at a marina or stay overnight at someone's house where a boat is moored in the backyard.

If you're a Canadian citizen planning to take your boat abroad, you must show ownership. It's crucial to know which papers to bring if stopped by law police while proving ownership.

Sometimes the sea, and life, can present unforeseen challenges. If you find yourself in a situation where you need to know how to register a boat without ownership, you have probably found yourself in just such a situation. While the circumstances that brought you to this point may vary, there is, fortunately, a path to obtaining registration for a vessel without ownership.
Have You Lost Your Ownership Documents?
As you likely recall from purchasing a boat, there can be a fair amount of paperwork to navigate. Between registering your vessel, obtaining the correct provincial licensing, and acquiring a certificate of ownership, there is quite a bit of documentation to keep straight. No matter how organized you may be, however, sometimes accidents happen and things get misplaced. So, what do you do when you have lost your certificate of ownership?

Firstly, there is no need to panic. You can get a replacement certificate of ownership of Transport Canada. As the agency keeps thorough records on file, they will have access to your information, and can in turn send you a new copy.


Getting Your Boat Registered
It should be noted that you will need an official copy of your certificate of ownership to register your vessel, so do not think having a photocopy or picture of it on your phone will suffice. If you have lost this document, be sure to file an official request with Transport Canada.

Once you have your new proof of ownership, you can register your vessel by working with a private service such as us. We can help you gather the necessary information you need to submit a complete and accurate registration application to Transport Canada.
Finding an Abandoned or Lost Vessel 
Exploring Canada’s scenic waterways can lead to a number of discoveries. Aside from panoramic views of nature and rare scenes of wildlife, you may even come across a lost or abandoned boat. If you are a particularly bold hobbyist, you even want to restore it and add it to your own personal fleet. So, how can you go about ensuring that the boat has been abandoned?

Start by looking for any identification on the boat, including registration numbers. Once you have some pertinent information to work with, contact Transport Canada to see if the boat has indeed been abandoned, or if its owner had simply lost it (or worse–it was stolen). If it is, in fact, abandoned, you can file to be the receiver of its ownership, and in turn, hold its registration.
Still Curious About How to Register a Boat without Ownership? Contact Us
While Transport Canada does well to make its forms available, filling them out can be a hassle. Between identifying the correct form, printing it out, and writing in the correct information, getting a replacement certificate of ownership can take up a significant amount of time. Luckily, the National Vessel Registry Center can help. 

Our easy-to-browse website hosts all the boat documentation forms you need. We used streamlined documents and an encrypted portal, so you can trust us with the secure transmission of your personal information Transport Canada. To learn more, contact us today.

Outside of purchasing a home or a new vehicle, buying a boat is one of the larger financial commitments that you can make in your life. If you are shopping for a Canadian vessel to call your own, you may be interested in purchasing a used model. In truth, a second-hand vessel that has been well-maintained by the previous owner can provide you with tremendous value. Wondering how do you prove ownership of a boat? We'll explain. 

If buying a used boat is the route you will be taking as a prospective vessel owner, you have a few steps that you will need to take. First, you will need to determine your budget. Keep in mind, that outside of the cost of the boat itself, there are maintenance and docking fees to consider as well. Then, you will want to peruse online and print listings. After you have located the ideal boat for you, you should then contact the seller and make an offer.

Once you and the seller have agreed to a price and money is ready to exchange hands, you may think you are in the clear to take to the water and leave the troubles of land behind. There is one last, very important part of the process to complete, however: ensuring that your vessel documentation and proof of ownership are current.


Buying a Canadian Vessel With Little to No Current Paperwork
The internet has made it possible to find and purchase just about anything. Used boats and other watercraft are no exception. While there are some amazing deals to be had, there are also a fair amount of lemons and risky situations that you can find yourself involved with.

Let’s say you have found an amazing boat at an unbelievable price–the deal of a lifetime, right? There is, however, one sizable catch. The boat is coming from a salvage yard and it has no original paperwork. Is this an issue and should you think twice?

The short answer is: Maybe. While it is not necessarily illegal to purchase a boat that has none of its original documentation, it may lead to some unfortunate surprises once it comes into your possession. Perhaps the boat has been in a significant accident, or it has multiple liens against it. These are not issues that you will want to navigate after you have finalized your purchase.

Fortunately, there are some relatively simple ways to find out more about a boat’s history. If you can secure some basic facts, such as the vessel’s registration number, you can request historical research from Transport Canada. This can give you an idea on the boat’s background as far as owners and damaging incidents it was involved in, provided it is in the Canadian Vessel Registry.

Working with a private service, such as ours at the Canadian Vessel Registry Center, can allow you to obtain historical research in a quick and efficient way by using our online portal.
Transferring a Registration or License to Demonstrate Ownership
Considerable transactions such as buying a car or house tend to come with a fair amount of paperwork. In Canada, this is also true for boats. If the vessel you are purchasing is already licensed or registered, that documentation will need to be transferred to your name. While this can seem like a mountain of paperwork to complete, it can be done in a pretty straightforward and timely fashion with our help.

You will first have to gather some basic information. You will need your proof of ownership of the vessel (think receipts, titles, etc.), a photograph depicting the full side-view of your new boat, and a valid form of Canadian government identification. Once you have assembled these items, you will then need to complete a pleasure craft transfer of license form.

You can do this in one of two ways. You can source the document from Transport Canada, print it and complete it in ink, package it with your supporting documentation and then submit it via mail to the appropriate Canadian government entity. Sounds like a lot of work, right? 

Your other option is to work with us at the Canadian Vessel Registry Center. We offer an easy-to-fill online form for this and a number of other boat documentation matters. You can use our website to quickly find the form you need, fill out the pertinent fields, and upload your supporting documents and payment via our SSL-encrypted web portal. We strip out all of the confusing fine print and redundancies so you only worry about the aspects of your needed document that apply specifically to your situation.
Learn More By Contacting Us Today
Whether you need to transfer an existing registration, apply for a brand new one, or acquire another form of vessel documentation, we can help. We specialize exclusively in helping Canadian boaters get the forms they need in a prompt manner so that they can get back out on the water. To learn more, contact one of our customer service representatives today.

A Registered Boat Can Have Up to 5 Owners
 

Registered vessels can have individual owners and up to five joint owners. Each registered vessel is divided into 64 shares. Fractional shares are not allowed. 

 

If you have a pleasure craft and want to have more than two people to share ownership, register it in the Canadian Register of Vessels. 

 

Use this link to apply for Canadian boat registration. 

 

Use this link to facilitate a boat ownership transfer.


Canadian Boat Documentation Laws, Bylaws, and More 
 

If you have further questions about Canadian boat ownership and how it relates to your situation, feel free to reach out. These laws may fit your situation as well. 

 

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