GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Shipping Act, 2001 — C-10.15 58
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. 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. 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. 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)
Canada Shipping Act, 2001 — C-10.15 59
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.
Canada Shipping Act, 2001 — C-10.15 60
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. 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. 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 cancelling 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. 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.
Canada Shipping Act, 2001 — C-10.15 61
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.
Canada Shipping Act, 2001 — C-10.15 62
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 cancelled.
Canada Shipping Act, 2001 — C-10.15 63
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. 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. 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. 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.
Canada Shipping Act, 2001 — C-10.15 64
Right to fly Canadian flag 64 (1) A Canadian vessel has the right to fly the Canadian flag. 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 signalled 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. 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.
Canada Shipping Act, 2001 — C-10.15 65
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. Filing of mortgage (2) 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 (3) A mortgage is to be registered in the order in which it is filed, indicating the date and time of registration.
Canada Shipping Act, 2001 — C-10.15 66
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.
Canada Shipping Act, 2001 — C-10.15 67
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. 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.
Canada Shipping Act, 2001 — C-10.15 68
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.
Canada Shipping Act, 2001 — C-10.15 69
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. 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.
Canada Shipping Act, 2001 — C-10.15 70
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.
Canada Shipping Act, 2001 — C-10.15 71
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 effecting the transfer must be filed in the form and manner specified by the Chief Registrar. Entry of particulars (2) The Chief Registrar is to enter the particulars of the transfer in the Register.
Canada Shipping Act, 2001 — C-10.15 72
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. Entry of particulars (2) The Chief Registrar is to enter the particulars of the transmission in the Register.
Canada Shipping Act, 2001 — C-10.15 73
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.
Canada Shipping Act, 2001 — C-10.15 74
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.
Canada Shipping Act, 2001 — C-10.15 75
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.
Canada Shipping Act, 2001 — C-10.15 75.01
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. 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. 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
Canada Shipping Act, 2001 — C-10.15 75.02
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. Small vessel register (2) A fleet that is accepted for registration must be registered in the small vessel register. 2011, c. 15, s. 42
Canada Shipping Act, 2001 — C-10.15 75.03
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. 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. 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. Official number (4) The fleet’s official number is also the official number of each vessel of that fleet. 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] 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
Canada Shipping Act, 2001 — C-10.15 75.031
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
Canada Shipping Act, 2001 — C-10.15 75.04
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
Canada Shipping Act, 2001 — C-10.15 75.05
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. 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
Canada Shipping Act, 2001 — C-10.15 75.06
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
Canada Shipping Act, 2001 — C-10.15 75.07
Non-application of provisions 75.07 The following provisions do not apply in respect of a fleet or a vessel of a fleet: (a) subsections 57(2) and (3); (b) section 58; (c) section 60; (d) section 62; (e) subsections 63(1) and (2); (f) section 73. 2011, c. 15, s. 42
Canada Shipping Act, 2001 — C-10.15 75.08
For greater certainty 75.08 (1) For greater certainty, the following provisions apply in respect of a fleet or a vessel of a fleet: (a) section 56; (b) subsections 57(1) and (4); (c) subsections 63(3) and (4). Section 59 (2) Section 59 applies in respect of a fleet, except that the reference to “section 58” is to be read as a reference to “section 75.1”. 2011, c. 15, s. 42
Canada Shipping Act, 2001 — C-10.15 75.09
Marking — validity of fleet’s certificate of registry 75.09 (1) A fleet’s certificate of registry is not valid unless each of the fleet’s vessels has been marked in accordance with subsection 57(1). Maintenance of markings (2) The authorized representative of a fleet shall ensure that each of the fleet’s vessels is kept marked. 2011, c. 15, s. 42
Canada Shipping Act, 2001 — C-10.15 75.1
Notification of changes — name and address 75.1 (1) The authorized representative of a fleet shall notify the Chief Registrar within 30 days after there has been a change in the owner’s or authorized representative’s name or address. Notification of changes — number of vessels (2) If the number of vessels in a fleet changes to the extent that the fleet no longer corresponds with its description set out on the certificate of registry, its authorized representative shall, within 30 days after the change in number, notify the Chief Registrar and provide him or her with the relevant information and documents. Notification of changes — owner (3) If for any reason a fleet does not have an authorized representative, its owner shall (a) notify the Chief Registrar of that fact as soon as possible in the circumstances; and (b) notify the Chief Registrar within 30 days after any event referred to in subsection (1) or (2) occurs. 2011, c. 15, s. 42
Canada Shipping Act, 2001 — C-10.15 75.11
Suspension and cancellation 75.11 (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration of a fleet if (a) any one of the fleet’s vessels is not marked in accordance with subsection 57(1); (b) the fleet’s certificate of registry has expired; (c) the fleet does not have an authorized representative; or (d) section 75.1 has not been complied with. Cancellation — fleet (2) Subject to the regulations, the Chief Registrar must cancel the registration of a fleet if it no longer qualifies for registration under this Part. Evidence (3) The Chief Registrar must cancel the registration of a fleet if a person who acquires the fleet does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the fleet still qualifies for registration under this Part. 2011, c. 15, s. 42
Canada Shipping Act, 2001 — C-10.15 75.12
Reinstatement 75.12 The Chief Registrar may reinstate the registration of a fleet if, in his or her opinion, the registration of the fleet should not have been cancelled. 2011, c. 15, s. 42
Canada Shipping Act, 2001 — C-10.15 75.13
Delivery of certificate 75.13 A person who is in possession of a fleet’s certificate of registry shall deliver it to the person who is entitled to operate the fleet. 2011, c. 15, s. 42
Canada Shipping Act, 2001 — C-10.15 75.14
Change of ownership 75.14 If the ownership of a fleet changes and the fleet still qualifies to be registered under this Part, (a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the fleet still qualifies to be so registered; and (b) the Chief Registrar must amend the Register and the certificate of registry to reflect the change. 2011, c. 15, s. 42
Canada Shipping Act, 2001 — C-10.15 76
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
Canada Shipping Act, 2001 — C-10.15 77
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
Canada Shipping Act, 2001 — C-10.15 78
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). 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.
Canada Shipping Act, 2001 — C-10.15 79
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). 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. 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
Canada Shipping Act, 2001 — C-10.15 80
Definition of Minister 80 In this Part, Minister means the Minister of Transport.
Canada Shipping Act, 2001 — C-10.15 81
Canadian vessels 81 This Part applies in respect of Canadian vessels, other than pleasure craft, everywhere. Subsections 86(2) to (4) also apply in respect of foreign vessels in Canadian waters.