A Vessel With at Least One Person Who Paid to Take a Trip on the Vessel
A passenger vessel refers to any vessel that transports at least one individual who has paid for the trip. This category encompasses vessels utilized for various activities, including sightseeing tours, water taxis, ferries, and harbor cruises. Essentially, it applies to all vessels earning income from passengers.
If you have passengers, then you have a commercial vessel.
Use this link to get onto the Canadian boat registry.
If you have guests, then you have a pleasure craft.
Use this link to get a pleasure craft licence.
Canadian Boat Registry and Pleasure Craft Licence Help For All Vessel Owners
Here at the National Vessel Registry Center Corp., we offer a streamlined way to access and complete Canadian vessel registration and licensing forms. Whether your vessel is a pleasure craft or registered under the Large or Small Vessel Register, we make the process as smooth as possible.
From licensing to renewals, ownership transfers, and more, we provide all the tools you need to manage your documentation requirements efficiently. Our site is designed to save you time and simplify every step.
These laws may be relevant to you and your vessel:
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