Transport Canada Marine Transportation | Canada Shipping Act, 2001

Canada Shipping Act, 2001

An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

This Act may be cited as the Canada Shipping Act, 2001.

The objectives of this Act are to

protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce;
promote safety in marine transportation and recreational boating;
protect the marine environment from damage due to navigation and shipping activities;
develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce;
promote an efficient marine transportation system;
develop a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters;
ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;
encourage the harmonization of marine practices; and
establish an effective inspection and enforcement program.

The pertinent parts of the Canada Shipping Act, 2001 are:

Canadian Maritime Documents CSA P1 16-22
Registration, Listing, and Recording CSA P2 51-79
Pleasure Craft CSA P10

Canadian Maritime Documents

16. Canadian Maritime Documents

Application

An application for a Canadian maritime document must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister of Transport.

Further Evidence

In addition to the specified information or documents, the Minister of Transport may

1. 1. require that an applicant provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the document have been met;
  2. if the Canadian maritime document is in respect of a person, (i) set an examination that the person must undergo, and (ii) administer the examination; and
  3. if the document is in respect of a vessel, require that the vessel or its machinery or equipment undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the document have been met.

Cheating

No person shall cheat on an examination referred to in paragraph (2)(b).

Refusal to issue

The Minister of Transport may refuse to issue a Canadian maritime document if

1. 1. the applicant has not met the requirements for the issuance of the document;
  2. the applicant has acted fraudulently or improperly or has misrepresented a material fact;
  3. the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it;
  4. the applicant has not paid a fee for services related to the document or has not paid a fine or penalty imposed on them under this Act; or
  5. in the case of a Canadian maritime document applied for under Part 3 (Personnel) by a master or crew member,
    1. the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or
    2. the master or crew member has been found guilty of an offence related to their duties on a vessel or has committed a violation in respect of which a notice of violation was issued under paragraph 229(1)(b).

Notice after refusal to issue

The Minister of Transport must, immediately after refusing to issue a Canadian maritime document, give the applicant a notice

1. confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue the document; and
2. indicating, in the case of a refusal to issue a document under Part 3 (Personnel) on the grounds set out in paragraph (4)(a), (b), (c) or (e), the address at which, and the date, being thirty days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.
[Repealed, 2001, c. 29, s. 72]

16.1 Request for Review

1. An applicant who receives a notice under subsection 16(5) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision if
  1. the request is in respect of a Canadian maritime document that is issued under Part 3 (Personnel); and
  2. the grounds for refusing to issue the document are set out in paragraph 16(4)(a), (b), (c) or (e).

Time and place for review

On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the applicant of the time and place in writing.

Review procedure

The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Person not compelled to testify

In a review of a decision made under subparagraph 16(4)(e)(ii) on the ground that an applicant has committed a violation in respect of which a notice of violation has been issued to the applicant, the applicant is not required, and must not be compelled, to give any evidence or testimony in the matter before the matter that gave rise to the issue of the notice has been disposed of in accordance with sections 232 to 232.2

Determination

The member may

1. in the case of a decision made under paragraph 16(4)(e), confirm the decision or substitute his or her own determination; or
2. in any other case, confirm the decision or refer the matter back to the Minister of Transport for reconsideration.

17. Period of validity

1. Every Canadian maritime document is valid for the period specified by the Minister of Transport. The Minister may, on application made before a document expires and in the form and manner specified by the Minister, extend the period if the Minister is satisfied that it is not feasible to issue a new document before the document expires.

Posession

Except as otherwise provided by this Act or the regulations, no person, other than the person to whom it was issued or their representative, shall possess a Canadian maritime document issued under Part 3 (Personnel).

18. Production of document

Every holder of a Canadian maritime document shall produce it to the Minister of Transport on demand.

19. Lost documents

If a Canadian maritime document is mislaid, lost or destroyed, the Minister of Transport may issue a replacement document on application made by the holder of the document in the form and manner and including the information and accompanied by the documents specified by the Minister.

20. Suspension, cancellation, and refusal to renew

Subject to section 20.1, the Minister of Transport may suspend, cancel or refuse to renew a Canadian maritime document if the Minister is satisfied that

1. 1. the requirements for the issuance of the document are no longer met;
  2. a term or condition attached to the document has been contravened;
  3. the document was obtained by any fraudulent or improper means or a misrepresentation of any material fact;
  4. the holder of the document has not paid a fine or penalty imposed on them under this Act;
  5. the holder of the document has contravened a provision of this Act or the regulations that the Minister is responsible for administering;
  6. in the case of a Canadian maritime document issued under Part 3 (Personnel) to a master or crew member,
    1. the master or crew member is incompetent or has committed an act of misconduct,
    2. the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or
    3. the master or crew member has been found guilty of an offence related to their duties on a vessel; or
  7. in the case of a refusal to renew,
    1. the applicant has not paid a fee for services related to the document, or
    2. the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.

Return of document

If a Canadian maritime document is suspended or cancelled, the person who held it shall return it on demand to the Minister of Transport.

20.1 Notice before suspension or cancellation

The Minister of Transport must, before suspending or cancelling a Canadian maritime document issued under Part 3 (Personnel), give the holder 30 days notice of the proposed suspension or cancellation. The notice must
1. provide the holder with all relevant information concerning the grounds on which the Minister proposes to suspend or cancel the document; and
2. indicate, in the case of a proposed suspension or cancellation of a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

20.2 Exception

The Minister of Transport may suspend or cancel a Canadian maritime document issued under Part 3 (Personnel) without complying with section 20.1 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.

Decision within 24 hours

An application by the Minister of Transport under subsection (1) must be heard by a member of the Tribunal, sitting alone, whose determination shall be made within 24 hours after the application is filed with the Tribunal.

Appeal

The Minister of Transport may, within 24 hours after the determination, appeal the determination to the Tribunal.

Decision within 48 hours

The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal.

20.3 Notice after suspension, cancellation or refusal to renew

Except where notice of a proposed suspension or cancellation of a Canadian maritime document is given under section 20.1, the Minister of Transport must, immediately after suspending, cancelling or refusing to renew a Canadian maritime document, give the holder a notice that

1. confirms the suspension, cancellation or refusal and provides all relevant information concerning the grounds on which the Minister suspended, cancelled or refused to renew the document; and
2. indicates, in the case of the suspension or cancellation of, or the refusal to renew, a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

20.4 Request for review

Subject to subsection (2), the holder of a Canadian maritime document that is referred to in a notice under section 20.1 or 20.3 may, within the time specified in the notice or any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice.

Exception

A request for a review must not be filed with, or accepted by, the Tribunal if the grounds for suspending, cancelling or refusing to renew the document are set out in paragraph 20(1)(d) or subparagraph 20(1)(g)(i).

Effect of request

The filing of a request for a review in respect of a notice under section 20.1 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 20.5.

Time and place for review

On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the holder of the time and place in writing.

Review procedure

The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the holder with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Person not compelled to testify

In a review of a decision made under paragraph 20(1)(e), the holder is not required, and must not be compelled, to give any evidence or testimony in the matter.

Determination

The member may

in the case of a decision made under paragraph 20(1)(e) or subparagraph 20(1)(f)(ii) or (iii), confirm the Minister of Transport’s decision or substitute his or her own determination; and

in any other case, confirm the Minister of Transport’s decision or refer the matter back to the Minister for reconsideration.

20.5 Right of appeal

The applicant for, or holder of, a Canadian maritime document may appeal to the Tribunal a determination made under subsection 16.1(5) or 20.4(7), and the Minister of Transport may appeal to the Tribunal a determination made under paragraph 16.1(5)(a) or 20.4(7)(a). The time limit for making an appeal is 30 days after the determination.

Loss of right of appeal

A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

Disposition of appeal

The appeal panel of the Tribunal assigned to hear the appeal may

in the case of a determination made under paragraph 16.1(5)(a) or 20.4(7)(a), dismiss the appeal, or allow the appeal and substitute its own decision; or

in the case of a determination made under paragraph 16.1(5)(b) or 20.4(7)(b), dismiss the appeal or refer the matter back to the Minister of Transport for reconsideration.

21. Issuance of documents to foreign vessels

The Minister of Transport may, at the request of the government of a state to which an international convention or protocol listed in Schedule 1 applies, issue in respect of a vessel registered in that state any document provided for by the convention or protocol, other than a Canadian maritime document, if the Minister is satisfied, in the same manner as in the case of a Canadian vessel, that the document may properly be issued. A document issued under this section must contain a statement that it has been issued at the request of that government

22. Foreign documents

The Minister of Transport may refuse to accept a foreign document required for the operation of a foreign vessel if in the Minister’s opinion the conditions under which the document was issued do not comply with international agreements to which Canada is a signatory.

Registration, Listing, and Recording

51. Application

Application

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.

Further evidence

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.

52. Names of vessels

Before registration or listing

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.

Approval of names

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 v

Disallowance of names

The Chief Registrar must disallow a name i

it is the same as the name of a Canadian vessel;

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;

it is likely, in the opinion of the Chief Registrar, to be offensive to members of the public; or

its use is prohibited under an Act of Parliament.

Requiring renaming

The Minister may order that a Canadian vessel be renamed if the Minister considers that its name would prejudice the international reputation of Canada.

53. Ownership of vessels

Shares

For the purposes of registration, the property in a vessel is divided into 64 shares.

Registered owners

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.

Registered owners — financing agreements

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.

Bare-boat charterers

In the case of a vessel described in section 48 (a bareboat chartered vessel), no person may be registered in the Register as an owner of the vessel.

Registration of joint owners

No more than five persons may be registered in the Register as joint owners of a vessel or a share in a vessel.

Disposition of registered joint interests

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.

Registration of fractions prohibited

No person may be registered as the owner of a fractional part of a share in a vessel.

No effect on beneficial owners

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.

Trusts not recognized

No notice of a trust may be entered in the Register.

54. Certificates

Certificates of registry

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.

Information

Every certificate of registry in respect of a vessel must contain the information specified by the Chief Registrar, including

its description;

its official number; and

the name and address of

in the case of a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), the authorized representative,

in the case of a vessel described in section 48 (a bare-boat chartered vessel), the bare-boat charterer, and

in any other case, its owner and the authorized representative.

Period of validity

Every certificate of registry is valid for the period specified by the Chief Registrar.

55. Provisional certificates

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

the vessel is in a foreign port and a person intends to register it under this Part; or

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.

Issuance

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.

Validity

A provisional certificate is valid for the purpose and the period specified by the Chief Registrar.

Application

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.

56. Lost certificates

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 in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar.

57. Marking

Marking

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.

Validity of certificate of registry

A vessel’s certificate of registry is not valid until the vessel has been marked in accordance with subsection (1).

Maintenance of markings

The authorized representative shall ensure that the vessel is kept marked.

Defacing, etc., markings

No person shall wilfully deface, alter, conceal or remove the markings of a Canadian vessel.

58. Notifying Chief Registrar

Notification of changes

The authorized representative of a Canadian vessel shall notify the Chief Registrar within 30 days after any of the following occurs:

the vessel is lost, wrecked or removed from service;

there has been a change in the owner’s, the authorized representative’s or a registered mortgagee’s name or address;

the information provided with the application under section 51 has changed; or

in the case of a vessel described in section 48 (a bare-boat chartered vessel),

1. 1. 1. the right to fly the flag of the foreign state is reinstated, or
    2. the charterer ceases to have complete control and possession of the vessel.

Notification of alterations

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.

Notification of changes

If for any reason a Canadian vessel does not have an authorized representative, its owner shall

notify the Chief Registrar of that fact as soon as possible in the circumstances; and

notify the Chief Registrar within 30 days after any event referred to in subsection (1) or (2) occurs.

Notification of completion of construction

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.

59. Maintenance of Register

Amendments

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.

60. Suspension, Cancellation, and Reinstatement of Registration

Suspension and cancellation

Subject to the regulations, the Chief Registrar may suspend or cancel the registration or listing of a Canadian vessel if

it is not marked in accordance with subsection 57(1);

its certificate of registry has expired;

it does not have an authorized representative; or

section 58 has not been complied with.

Cancellation

it has been lost, wrecked or removed from service;

it is no longer required or entitled to be registered or entitled to be listed under this Part; or

in the case of a registered vessel, a tonnage certificate provided by a tonnage measurer indicates that the vessel should be re-registered.

Notice before cancellation

If a Canadian vessel is not required or entitled to be registered under this Part after its ownership changes, the Chief Registrar must, before cancelling its registration under paragraph (2)(b), give the owners and registered mortgagees

notice of the change in ownership; and

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.

Cancellation of registration

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.

61. Registration of mortgages not affected

The cancellation of the registration of a vessel does not affect the registration of mortgages in respect of the vessel.

62. Reinstatement

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 cancelled.

63. Custody of Certificates of Registry and Provisional Certificates

Carrying on board

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.

Delivery of certificate

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.

Delivery of certificate

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.

Detention of certificate

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.

64. Rights and Obligations

Right to fly Canadian flag

A Canadian vessel has the right to fly the Canadian flag.

Obligation to fly flag

The master of a Canadian vessel, other than one registered in the small vessel register, shall ensure that it flies the Canadian flag

when signalled to do so by a government vessel or a vessel under the command of the Canadian Forces; or

when entering or leaving, or while moored at or anchored in, a port.

Exception

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

65. Mortgages

Mortgage of vessel or share

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.

Filing of mortgage

A mortgage is to be filed with the Chief Registrar in the form and manner specified by the Chief Registrar.

Date and time of registration

A mortgage is to be registered in the order in which it is filed, indicating the date and time of registration.

66. Entry of discharge of mortgage

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

67. Priority of mortgages

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.

Consent to change in priority

The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.

68. Mortgagee not treated as owner

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.

69. Mortgagee has power of sale

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.

Restriction

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.

70. Mortgage not affected by bankruptcy

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.

71. Transfer of mortgages

A registered mortgage of a vessel or a share in a vessel may be transferred to any person, in which case the instrument effecting the transfer must be filed in the form and manner specified by the Chief Registrar.

Entry of particulars

The Chief Registrar is to enter the particulars of the transfer in the Register.

72. Transmission of interest of mortgagee

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.

Entry of particulars

The Chief Registrar is to enter the particulars of the transmission in the Register.

Transfers of Vessels or Shares in Vessels

73. Transfer

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,

1. 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
2. the Chief Registrar must amend the Register and the vessel’s certificate of registry to reflect the change.

74. Order for sale on acquisition by an unqualified person

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.

75. Power of court to prohibit transfer

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

75.01 Application for Fleet

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.

Form and manner

The application must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.

Further evidence

75.02 Registration – fleet

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

all of the vessels are owned by the same owner;

each vessel meets the requirements for registration in the small vessel register; and

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.

Small vessel register

A fleet that is accepted for registration must be registered in the small vessel register.

75.03 Certificate of registry

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.

Information

A certificate of registry in respect of a fleet must contain the information specified by the Chief Registrar, including

1. 1. a description of the fleet;
  2. the fleet’s official number; and
  3. the name and address of the owner and the authorized representative of the fleet.

Description — number of vessels

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.

Official number

The fleet’s official number is also the official number of each vessel of that fleet.

Authorized representative of fleet

The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet.

More than one owner

If subsection 14(3) applies to the vessels of a fleet, the owners must appoint, under that subsection, one of themselves to be the authorized representative of all of the fleet’s vessels.

Acts or omissions of authorized representative binding

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.

75.04 Addition or removal of vessels

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

be owned by the same owner as all of the other vessels of the fleet;

satisfy the conditions set out in paragraphs 75.02(1)(b) and (c); and

fit within the description or particulars set out in the fleet’s certificate of registry.

75.05 Vessels registered

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.

No longer registered

Unless it becomes part of another fleet, such a vessel ceases to be registered under this Part if

there is a change in its ownership; or

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.

75.06 Cancellation of individual registration

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

75.07 Non-application of provisions

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

1. subsections 57(2) and (3);
2. section 58;
3. section 60;
4. section 62;
5. subsections 63(1) and (2);
6. section 73.

75.08 For greater certainty

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

section 56;

subsections 57(1) and (4);

subsections 63(3) and (4).

Section 59

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”.

75.09 Marking — validity of fleet’s certificate of registry

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).

Maintenance of markings

The authorized representative of a fleet shall ensure that each of the fleet’s vessels is kept marked.

75.10 Notification of changes — name and address

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.

Notification of changes — number of vessels

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.

Notification of changes — owner

If for any reason a fleet does not have an authorized representative, its owner shall

notify the Chief Registrar of that fact as soon as possible in the circumstances; and

notify the Chief Registrar within 30 days after any event referred to in subsection (1) or (2) occurs.

75.11 Suspension and cancellation

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

any one of the fleet’s vessels is not marked in accordance with subsection 57(1);

the fleet’s certificate of registry has expired;

the fleet does not have an authorized representative; or

section 75.1 has not been complied with.

Cancellation — fleet

Subject to the regulations, the Chief Registrar must cancel the registration of a fleet if it no longer qualifies for registration under this Part.

Evidence

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.

75.12 Reinstatement

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 cancelled.

75.13 Delivery of certificate

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.

75.14 Change of ownership

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

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

the Chief Registrar must amend the Register and the certificate of registry to reflect the change.

Entries

76. Copies of entries

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

Regulations

77. Regulations

1. 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

respecting the registration of vessels and fleets and the listing and recording of vessels;

respecting the issuance and renewal of certificates of registry;

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;

respecting the naming and marking of vessels;

respecting the port of registration;

respecting the form and manner of notifying the Chief Registrar under sections 58 and 75.1;

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;

respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and

respecting the exemption of vessels or classes of vessels from the registration requirement in subsection 46(1);

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;

respecting an authorization under paragraph (h.2); and

prescribing anything that may be prescribed under this Part.

Offences and Punishment

78. Contravention of Act or regulations

Every person commits an offence who contravenes

subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or

a provision of the regulations made under paragraph 77(h).

Punishment

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.

79. Contravention of Act or regulations

Every person commits an offence who contravenes

subsection 46(2) (register vessel);

an order made under subsection 52(4) (renaming of vessel);

subsection 57(1) (mark vessel);

subsection 57(3) (maintenance of markings);

subsection 58(1) (notify of changes — authorized representative);

subsection 58(2) (notify of alteration — authorized representative);

subsection 58(3) (notify if no authorized representative — owner);

subsection 58(4) (notify of completion of construction);

subsection 63(1) (operation of vessel without a certificate on board);

subsection 63(2) (deliver certificate to person entitled to operate vessel);

subsection 63(3) (deliver certificate to Chief Registrar);

subsection 64(2) (fly Canadian flag);

1. 1. 1. subsection 75.09(2) (maintenance of markings);
    2. subsection 75.1(1) (notification of changes — name and address);
    3. subsection 75.1(2) (notification of changes — number of vessels);
    4. subsection 75.1(3) (notification of changes — owner);
    5. section 75.13 (delivery of certificate); or

a provision of the regulations made under any of paragraphs 77(a) to (g).

Pleasure Craft

Inspections

195. Designation

The Minister may designate persons or classes of persons as pleasure craft safety inspectors.

Certificate

The Minister must furnish every inspector with a certificate of designation as a pleasure craft safety inspector authorizing the inspector to carry out inspections under sections 196 and 198.

Immunity

Inspectors are not personally liable for anything they do or omit to do in good faith under this Part.

196. Designation

The Minister may designate persons or classes of persons as enforcement officers.

Inspections — general

An enforcement officer may inspect a pleasure craft or any of its machinery or equipment for the purpose of ensuring compliance with any provision of this Part, other than section 197, or the regulations made under this Part, other than the regulations made under paragraph 207(1)(f), (g), (i) or (j).

Inspections — structural integrity

An inspector may inspect a pleasure craft or any of its machinery or equipment for structural integrity or compliance with the regulations made under any of paragraphs 207(1)(f) to (m).

Powers

Enforcement officers acting under subsection (2) and inspectors acting under subsection (3) may

stop or board the craft at any reasonable time;

direct any person to put into operation or cease operating any machinery or equipment on the craft;

direct that the craft not be moved until the inspection is completed;

direct any person to move the craft to a safe place if the officer or inspector has reasonable grounds to believe that it does not meet the requirements of this Part or the regulations made under this Part or exposes any person to serious danger, and direct that it not be operated until it meets those requirements or no longer exposes any person to serious danger; and

direct any person to move the craft to a safe place if the officer or inspector has reasonable grounds to believe that the operator does not meet the requirements of the regulations made under this Part, and direct that the operator not operate it until the operator meets those requirements.

Duty to assist

The owner or person in charge of a pleasure craft and every person on board shall

give an officer or inspector all reasonable assistance to enable them to carry out an inspection and exercise any power conferred by this section; and

produce to an officer or inspector any document, or provide them with any information, that the officer or inspector may reasonably require, for the administration of this Part or Part 5 (Navigation Services) or the regulations made under either of those Parts.

197. Manufacturers and importers

Every manufacturer, builder or importer of a pleasure craft shall ensure that it is constructed in accordance with the regulations.

Vendors

No person shall, in the course of a commercial enterprise, sell a pleasure craft that does not display a plate or label if required to do so by the regulations made under paragraph 207(1)(h).

198. Powers

An inspector may, for the purpose of ensuring that a manufacturer, importer or vendor is in compliance with section 197,

enter any place, other than a dwelling-house, where the inspector has reasonable grounds to believe a pleasure craft is located;

examine anything that the inspector finds and take samples of it;

conduct any tests or analyses and take any measurements;

inspect any books, records, electronic data or other documents that the inspector believes may contain information that is relevant to the inspection;

use or cause to be used any computer system in the place where the inspection is being carried out to examine any data contained in or available to the computer system;

reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

take any document or other thing from the place where the inspection is being carried out for examination or, in the case of a document, copying; and

use or cause to be used any copying equipment in the place where the inspection is being carried out to make copies of any documents.

Duty to assist

When an inspector carries out an inspection under subsection (1), the importer, manufacturer or vendor of the pleasure craft, or the owner or person in control of a place where the pleasure craft is located, shall

give the inspector all reasonable assistance to enable them to carry out the inspection and exercise any power conferred by this section; and

produce to the inspector any document, or provide them with any information, that the inspector may reasonably require for the administration of this Part or the regulations made under this Part.

Return of documents and things

Documents or other things obtained or taken under paragraph (1)(g) must be returned as soon as feasible after they are no longer required for the inspection or for any proceedings that may result from it.

Disposition of samples

An inspector who takes a sample under paragraph (1)(b) may dispose of it in any manner that they consider appropriate.

199. Operation prohibited

If an inspector considers that a pleasure craft does not meet the requirements of this Part or the regulations made under this Part, the inspector may direct any person not to operate it until it meets those requirements.

Investigations

200. Stopping and boarding vessels

An enforcement officer who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a pleasure craft or any person on board a vessel may stop and board the craft or vessel and take any reasonable action to ensure public safety or protect the public interest.

Safe Operation of Pleasure Craft

201. Duty

Every operator of a pleasure craft shall ensure that it meets the requirements of the regulations made under this Part.

Pleasure Craft Licences

202. Licensing of pleasure craft

If a pleasure craft is required by regulations made under this Part to be licensed, the owner of the craft shall not operate it, or permit it to be operated, unless it is licensed.

Transfer of license

When the ownership of a pleasure craft referred to in subsection (1) changes, the new owner shall not operate the craft, or permit it to be operated, until the licence for that craft is transferred to the new owner in accordance with the regulations.

203. Application

An application for a licence or for the transfer of a licence must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.

Issuance of licence

The Minister may issue or transfer a licence to an applicant if the Minister is satisfied that all the requirements under subsection (1) have been met.

204. Licence number

No owner of a pleasure craft in respect of which a pleasure craft licence has been issued shall operate it or allow it to be operated unless the licence number is marked on the craft and maintained in the form and manner specified by the Minister.

205. Defacing, etc., licence number

No person shall deface, alter, conceal or remove the licence number that is marked on a pleasure craft.

206. Lost documents

If a pleasure craft licence is mislaid, lost or destroyed, the Minister, on application made by the holder of the licence in the form and manner and including the information and accompanied by the documents specified by the Minister, may issue a replacement licence.

Regulations

207. Regulations

The Governor in Council may, on the recommendation of the Minister, make regulations respecting pleasure craft licensing and the safety of pleasure craft or classes of pleasure craft and of persons on board, including regulations

respecting the issuance, cancellation or transfer of pleasure craft licences;

respecting qualifications, including medical fitness, minimum age, degree of knowledge, skill, training and experience, for operators of pleasure craft or classes of pleasure craft, and the evidence required to prove compliance with those qualifications;

respecting the operation of pleasure craft or classes of pleasure craft;

respecting training courses and examinations for pleasure craft operators, including the designation and accreditation of persons or organizations that provide them;

respecting the issuance, cancellation or suspension of documents that demonstrate compliance with any regulations made under paragraph (b) or (d);

respecting the design, construction or manufacture of pleasure craft or classes of pleasure craft;

respecting the issuance or cancellation of plates or labels in respect of pleasure craft that comply with regulations made under paragraph (f);

requiring that plates or labels referred to in paragraph (g) be displayed and specifying the manner in which they must be displayed;

prohibiting the construction, manufacture, sale, lease, importation or operation of pleasure craft that do not meet the requirements of regulations made under paragraph (f);

requiring owners, builders, manufacturers, importers or vendors of pleasure craft to modify their pleasure craft, at their own expense, in order to comply with regulations made under paragraph (f);

respecting hull identification or serial numbers that identify pleasure craft;

specifying the machinery and equipment that are required or prohibited on pleasure craft or classes of pleasure craft;

respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of a pleasure craft’s or a class of pleasure craft’s machinery and equipment;

respecting the requirements that pleasure craft, or classes of pleasure craft, and their machinery and equipment must meet;

respecting documents that must be kept on board pleasure craft or classes of pleasure craft; and

respecting the reporting of accidents involving pleasure craft.

Regulations — pollution

The Governor in Council may, on the recommendation of the Minister, make regulations

regulating or prohibiting the discharge of pollutants from pleasure craft; and

regulating noise emissions from pleasure craft engines.

Offences and Punishment

208. Contravention of Act

Every person commits an offence who contravenes

1. 1. subsection 197(1) (ensure a pleasure craft is constructed in accordance with the regulations); or
  2. subsection 197(2) (selling a pleasure craft without a plate or label).

Punishment

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.

209. Contravention of Act or regulations

Every person commits an offence who contravenes

a direction given under any of paragraphs 196(4)(b) to (e) (to operate or cease operating machinery or equipment, to not move a pleasure craft or to move a pleasure craft to a safe place);

subsection 196(5) (give reasonable assistance, produce documents or provide information);

subsection 198(2) (give reasonable assistance, produce documents or provide information);

a direction given under section 199 (not to operate a pleasure craft);

section 201 (ensure that a pleasure craft meets the requirements of the regulations);

section 202 (obtain a licence for a pleasure craft);

section 204 (operating pleasure craft without licence number marked);

section 205 (defacing, altering, concealing or removing licence number); or

a provision of the regulations made under this Part.

Punishment

Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.