What is a small commercial vessel?

A Vessel With a Gross Tonnage of 15 Or Less

A small commercial vessel is defined as any commercial vessel with a gross tonnage of up to 15, operating with a passenger capacity of no more than 100 unberthed passengers or 25 berthed passengers.

This classification excludes commercial fishing vessels but includes a variety of other vessel types. 

Examples are workboats, tugboats, and other special-purpose or non-conventional vessels. These include those used for white-water rafting, air-cushion vehicles, amphibious operations, sail training, and much more.

Use this link for small boat registration.

Large and Small Boat Registration As Well As So Much More 

The National Vessel Registry Center Corp. makes Canadian vessel registration and licensing forms easy to find and complete. Whether you own a pleasure craft or a vessel listed in the Small or Large Vessel Register, we simplify the necessary documentation for you.

From obtaining a license to renewing or replacing it, we provide comprehensive support through our convenient online platform. Manage your vessel documentation quickly and effectively with our help. No matter the size of your boat, we’re here to assist. 

The legal requirements below may impact your vessel’s compliance: 

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

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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.

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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

 

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

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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

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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

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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.

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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.

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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

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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.