How is “Passenger” Defined in the Context of Boating?

A Person Who is Transported on a Vessel by the Owner or Operator 

According to the Canada Shipping Act, 2001, a passenger is defined as an individual transported on a vessel by the owner or operator, with certain exceptions.

Guests on a vessel used exclusively for recreational purposes are also not regarded as passengers, provided they are carried without payment or profit-related motives.

The Safety Convention figures into this. 

For ships covered under the Safety Convention, individuals such as the master, crew members, or anyone employed in any capacity related to the ship’s operations are not considered passengers. Additionally, children under the age of one do not fall under this category.

For vessels not governed by the Safety Convention, the definition excludes the master, crew members, and individuals engaged in the ship’s business.

Use this link to file for a pleasure craft licence

Use this link to file for Canada boat documentation

Experts for Your Canadian Boat Documentation and Pleasure Craft Licence Needs 

We streamline the process of finding and completing all the Canadian vessel registration and licensing forms you might need. 

From pleasure craft licenses to registered vessel documentation, we make managing your vessel’s paperwork straightforward. Moreover, we can handle all of this online, so that your “paperwork” is solely digital. 

Whether you’re acquiring a new license, renewing one, transferring ownership, or handling other related tasks, we’re here to assist. 

Regardless of whether your vessel is listed on the Large Vessel Register or the Small Vessel Register, our site allows you to register, renew, or replace your documentation with ease and efficiency.

These laws that may relate to your specific vessel: 

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.