12. The Minister is to appoint an officer to be known as the Chief Registrar.

R.S., 1985, c. S-9, s. 12; R.S., 1985, c. 6 (3rd Supp.), s. 87(F); 1998, c. 16, s. 3.

13. (1) The Chief Registrar is responsible for establishing and maintaining a register to be known as the Canadian Register of Ships.

(2) The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian ship, including

(a) its name and description;

(b) its official number;

(c) its register tonnage;

(d) the name and address of its owner; and

(e) details of all mortgages registered in respect of it.

R.S., 1985, c. S-9, s. 13; 1998, c. 16, s. 3.

14. (1) The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary.

(2) A registrar is to perform the duties and responsibilities that the Chief Registrar assigns to the registrar.

R.S., 1985, c. S-9, s. 14; R.S., 1985, c. 6 (3rd Supp.), s. 87(F); 1998, c. 16, s. 3.

15. The Chief Registrar and the registrars are not personally liable for anything they do or omit to do in good faith under this Act.

R.S., 1985, c. S-9, s. 15; 1998, c. 16, s. 3.

16. (1) Every ship that exceeds 15 tons gross tonnage, is owned only by qualified persons and is not registered in a foreign country must be registered under this Part.

(2) Every owner of a ship described in subsection (1) shall ensure that it is registered under this Part.

(3) Every government ship that exceeds 15 tons gross tonnage must be registered under this Part.

R.S., 1985, c. S-9, s. 16; R.S., 1985, c. 6 (3rd Supp.), s. 4; 1998, c. 16, s. 3.

17. Unless they are registered in a foreign country, the following ships may be registered under this Part:

(a) a ship that is owned only by qualified persons and that does not exceed 15 tons gross tonnage;

(b) a ship that is owned by a corporation incorporated under the laws of a country other than Canada if one of the following is acting with respect to all matters relating to the ship, namely,

(i) a subsidiary of the corporation that is incorporated under the laws of Canada or a province,

(ii) an employee or director in Canada of any branch office of the corporation that is carrying on business in Canada, or

(iii) a ship management company incorporated under the laws of Canada or a province; and

(c) a ship that is in the exclusive possession of a qualified person under a financing agreement under which the person will acquire ownership on completion of the agreement.

R.S., 1985, c. S-9, s. 17; R.S., 1985, c. 6 (3rd Supp.), s. 87(F); 1998, c. 16, s. 3.

18. A ship registered in a foreign country that is bare-boat chartered exclusively to a qualified person may be listed under this Part as a bare-boat chartered ship for the duration of the charter if, for the duration of the charter, the registration is suspended in respect of the right to fly the flag of that country.

R.S., 1985, c. S-9, s. 18; R.S., 1985, c. 6 (3rd Supp.), s. 87(F); 1998, c. 16, s. 3.

19. A ship that is about to be built or that is under construction in Canada may be temporarily recorded in the Register as a ship being built in Canada.

R.S., 1985, c. S-9, s. 19; 1998, c. 16, s. 3.

20. Notwithstanding sections 16, 17 and 18, the Minister may direct the Chief Registrar to refuse to register or list a ship built outside Canada.

R.S., 1985, c. S-9, s. 20; 1998, c. 16, s. 3.

21. (1) An application for the registration, listing or recording of a ship must be made in the form and manner and include the information and be accompanied by the documents specified by the Chief Registrar.

(2) In addition to the specified information or documentation, the Chief Registrar may require an applicant to provide evidence, including declarations, that the Chief Registrar considers necessary to establish that a ship is required or entitled to be registered or is entitled to be listed or recorded.

R.S., 1985, c. S-9, s. 21; 1998, c. 16, s. 3.

22. (1) Every ship must be named in the form and manner specified by the Chief Registrar before being registered or listed.

(2) The Chief Registrar may, on application, approve the name of a ship before it is registered or listed and approve a change in the name of a Canadian ship.

(3) The Chief Registrar must disallow any name if

(a) it is the same as the name of a Canadian ship;

(b) it is likely, in the opinion of the Chief Registrar, to be confused with the name of a Canadian ship or with a distress signal;

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

(d) its use is prohibited under any other Act of Parliament.

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

R.S., 1985, c. S-9, s. 22; 1998, c. 16, s. 3.

23. (1) For the purposes of registration, the property in a ship is divided into 64 shares.

(2) Subject to subsections (3) and (4), only owners, or joint owners, of a ship or of one or more shares in a ship may be registered in the Register as owners of the ship or shares, as the case may be.

(3) In the case of a ship described in paragraph 17(c) (a ship subject to a financing agreement), persons referred to in that paragraph are to be registered in the Register as the owners of the ships.

(4) In the case of a ship described in section 18 (a bare-boat chartered ship), no person is to be registered in the Register as an owner of the ship.

(5) No more than five persons may be registered in the Register as joint owners of a ship or a share in a ship.

(6) A registered jointly owned interest in a ship or a share in a ship may be disposed of only by all of the joint owners.

(7) No person may be registered as the owner of a fractional part of a share in a ship.

(8) This section does not affect the beneficial interests of a person represented by or claiming through an owner of a ship or a share in a ship.

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

R.S., 1985, c. S-9, s. 23; 1998, c. 16, s. 3.

24. (1) If the Chief Registrar is satisfied that all of the requirements of registration or listing have been met with respect to a ship, the Chief Registrar must register or list the ship, as the case may be, in the Register and issue a certificate of registry.

(2) Every certificate of registry in respect of a ship must contain the information specified by the Chief Registrar, including

(a) its name and description;

(b) its official number;

(c) its register tonnage; and

(d) the name and address of

(i) in the case of a ship described in paragraph 17(b) (a ship owned by a foreign corporation), its authorized representative,

(ii) in the case of a ship described in section 18 (a bare-boat chartered ship), the bare-boat charterer, and

(iii) in any other case, its owner.

(3) Certificates of registry are valid for the period that the Minister specifies.

R.S., 1985, c. S-9, s. 24; 1998, c. 16, s. 3.

25. (1) The Chief Registrar may, on application, issue a provisional certificate in respect of a ship that is required or entitled to be registered under this Part if the ship

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

(b) is in a port in Canada and the Chief Registrar is satisfied that permission to operate the ship should be granted before a certificate of registry can be issued.

(2) The Chief Registrar may, on application, issue a provisional certificate in respect of a ship that is not required or entitled to be registered under this Part if the Chief Registrar is satisfied that the ship needs to undergo sea trials.

(3) A provisional certificate is valid for the purpose and the period that the Chief Registrar specifies.

(4) An application for a provisional certificate must be made in the form and manner and include the information and be accompanied by the documents specified by the Chief Registrar.

R.S., 1985, c. S-9, s. 25; 1998, c. 16, s. 3.

26. If a certificate of registry or provisional certificate is mislaid, lost or destroyed, the Chief Registrar, on application made by the authorized representative of the ship in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar, must issue a replacement certificate of registry or provisional certificate, as the case may be.

R.S., 1985, c. S-9, s. 26; 1998, c. 16, s. 3.

27. (1) The authorized representative of a Canadian ship shall, in the form and manner specified by the Chief Registrar, mark the ship with its name, its register tonnage, its official number and any other information that the Chief Registrar specifies.

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

(3) The authorized representative shall ensure that the ship is kept marked.

(4) No person shall deface, alter, conceal or remove the markings of a Canadian ship.

R.S., 1985, c. S-9, s. 27; 1998, c. 16, s. 3.

28. (1) The authorized representative of a Canadian ship shall notify the Chief Registrar within 30 days after any of the following occurs:

(a) the ship is lost, wrecked or removed from service;

(b) there has been a change in the owner’s or a registered mortgagee’s name or address;

(c) there has been a change in the information provided with the application under section 21; or

(d) in the case of a ship described in section 18 (a bare-boat chartered ship),

(i) the right to fly the flag of the foreign country is reinstated, or

(ii) the charterer ceases to have complete control and possession of the ship.

(2) If a Canadian ship 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 of the ship shall

(a) notify the Chief Registrar within 30 days after the alteration; and

(b) arrange for a new tonnage certificate to be provided to the Chief Registrar.

(3) If for any reason a Canadian ship does not have an authorized representative, its owner shall notify the Chief Registrar

(a) of that fact as soon as possible in the circumstances; and

(b) within 30 days after any of the events referred to in subsection (1) or (2) occurs.

(4) Within 30 days after completion of the construction of a ship that is recorded as being built in Canada, the person in whose name the ship is recorded shall notify the Chief Registrar of that fact and of the name and address of its owner.

R.S., 1985, c. S-9, s. 28; 1998, c. 16, s. 3.

29. 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 28 or to correct any clerical errors or obvious mistakes.

R.S., 1985, c. S-9, s. 29; 1998, c. 16, s. 3.

30. (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration or listing of a Canadian ship if

(a) it is not marked in accordance with subsection 27(1);

(b) its certificate of registry has expired;

(c) it does not have an authorized representative; or

(d) its authorized representative has not complied with section 28.

(2) Subject to the regulations, the Chief Registrar must cancel the registration or listing of a Canadian ship 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 ship, a tonnage certificate provided by a tonnage measurer indicates that the ship should be re-registered.

(3) If a Canadian ship 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, in accordance with the regulations, of the change in ownership; and

(b) an opportunity that, in the opinion of the Chief Registrar, is sufficient to transfer the ship or shares to a qualified person or to make an application under section 46.

(4) Except in the case of a ship described in paragraph 17(c) (a ship subject to a financing agreement), the Chief Registrar must cancel the registration of a ship if a person who acquires the ship or a share in it does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the ship is required or entitled to be registered under this Part.

R.S., 1985, c. S-9, s. 30; 1998, c. 16, s. 3.

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

R.S., 1985, c. S-9, s. 31; 1998, c. 16, s. 3.

32. The Chief Registrar may reinstate the registration or listing of a ship if, in the Chief Registrar’s opinion, the registration or listing of the ship should not have been cancelled.

R.S., 1985, c. S-9, s. 32; 1998, c. 16, s. 3.

33. (1) Subject to subsection (3), no person shall operate a ship in respect of which a certificate of registry or provisional certificate has been issued unless the certificate is on board the ship.

(2) A person who is in possession of a ship’s certificate of registry or provisional certificate shall deliver it to the person who is entitled to operate the ship.

(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.

(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 ship that is claimed by an owner, mortgagee, charterer or operator of the ship, or by any other person.

R.S., 1985, c. S-9, s. 33; 1998, c. 16, s. 3.

34. (1) A Canadian ship has the right to fly the Canadian flag.

(2) The master of a Canadian ship shall fly the Canadian flag

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

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

(3) The Chief Registrar may, on application, suspend the registration of a Canadian ship in respect of the right to fly the Canadian flag while the ship is shown on the registry of a foreign country as a bare-boat chartered ship.

R.S., 1985, c. S-9, s. 34; 1998, c. 16, s. 3.

35. The Minister may appoint persons, to be known as tonnage measurers, to calculate ships’ tonnage.

R.S., 1985, c. S-9, s. 35; 1998, c. 16, s. 3.

36. A tonnage measurer may withhold the tonnage certificate in respect of a ship until the person requesting it pays the tonnage measurer’s fees and travel expenses. The Minister may set limits on the fees and travel expenses that may be charged.

R.S., 1985, c. S-9, s. 36; 1998, c. 16, s. 3.

37. (1) The owner of a ship registered under this Part, of a share in one or of a ship recorded as being built in Canada may give the ship or share, as the case may be, as security for a mortgage to be registered under this Part.

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

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

R.S., 1985, c. S-9, s. 37; 1998, c. 16, s. 3.

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

R.S., 1985, c. S-9, s. 38; R.S., 1985, c. 6 (3rd Supp.), s. 87(F); 1998, c. 16, s. 3.

39. (1) If more than one mortgage is registered in respect of the same ship or share in a ship, the priority among the mortgages is according to the date and time of registration.

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

R.S., 1985, c. S-9, s. 39; 1998, c. 16, s. 3.

40. A mortgage of a ship or a share in a ship does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the ship, except to the extent necessary to make the ship or share available as security under the mortgage.

R.S., 1985, c. S-9, s. 40; 1998, c. 16, s. 3.

41. (1) A mortgagee of a ship or a share in a ship has the absolute power, subject to any limitation set out in the registered mortgage, to sell the ship or the share.

(2) If there is more than one registered mortgage of the same ship or share, a subsequent mortgagee may not, except under the order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of ships, sell the ship or share without the agreement of every prior mortgagee.

R.S., 1985, c. S-9, s. 41; R.S., 1985, c. 31 (1st Supp.), s. 87; 1998, c. 16, s. 3.

42. The mortgage of a ship or a share in a ship 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 ship or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.

R.S., 1985, c. S-9, s. 42; 1998, c. 16, s. 3.

43. (1) A registered mortgage of a ship or a share in a ship 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.

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

R.S., 1985, c. S-9, s. 43; 1998, c. 16, s. 3.

44. (1) If the interest of a mortgagee in a ship or a share in a ship is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 43, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.

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

R.S., 1985, c. S-9, s. 44; 1998, c. 16, s. 3.

45. If the ownership of a Canadian ship or a share in one changes and the ship 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 ship is required or entitled to be registered; and

(b) the Chief Registrar must amend the Register and the ship’s certificate of registry to reflect the change.

R.S., 1985, c. S-9, s. 45; 1998, c. 16, s. 3.

46. If an unqualified person acquires a Canadian ship, other than a ship described in paragraph 17(b) (a ship owned by a foreign corporation), a ship described in paragraph 17(c) (a ship subject to a financing agreement) or a ship described in section 18 (a bare-boat chartered ship), 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 ships, for an order that the ship or share, as the case may be, be sold to a qualified person.

R.S., 1985, c. S-9, s. 46; 1998, c. 16, s. 3.

47. On the application of any interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of ships, may make an order prohibiting for a specified period any dealing with a Canadian ship or a share in one.

R.S., 1985, c. S-9, s. 47; 1998, c. 16, s. 3.

48. The Governor in Council may make regulations

(a) respecting the registration, listing and recording of ships;

(b) respecting the issuance and renewal of certificates of registry;

(c) respecting the suspension and cancellation of the registration of a Canadian ship;

(d) respecting the naming and marking of ships;

(e) respecting the port of registration;

(f) respecting the form and manner of notifying the Chief Registrar of changes under section 28;

(g) respecting the evidence that owners of ships previously registered in a foreign country must provide to prove that the ships are no longer registered in a foreign country;

(h) respecting the calculation of the tonnage of ships and the issuance of certificates of tonnage;

(i) to implement the International Convention on Tonnage Measurement of Ships, 1969, signed at London on June 23, 1969, including any amendments, whenever made, to the Annexes or Appendix to that Convention;

(j) respecting the payment of fees for services provided in the administration of this Part and prescribing the amount of the fees;

(k) prescribing anything that may be prescribed under this Part; and

(l) generally for carrying out the purposes and provisions of this Part.

R.S., 1985, c. S-9, s. 48; 1998, c. 16, s. 3.

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

R.S., 1985, c. S-9, s. 49; 1998, c. 16, s. 3.

50. The following documents are admissible as evidence in any court in Canada, in the manner provided by this Act:

(a) either of the following that purports to be signed by the Chief Registrar or a registrar:

(i) a certified copy of any entry in the Register, or

(ii) in the case of electronic data, a printout of any entry in the Register;

(b) a certificate of registry or a provisional certificate issued under this Part; and

(c) every declaration made under this Part.

R.S., 1985, c. S-9, s. 50; 1998, c. 16, s. 3.

51. (1) Every person commits an offence who contravenes

(a) subsection 16(2) (failure to register);

(b) subsection 27(1) (failure to mark);

(c) subsection 27(3) (maintenance of markings);

(d) subsection 27(4) (defacing, altering, concealing or removing markings);

(e) subsection 28(1) (failure to notify — authorized representative);

(f) subsection 28(2) (failure to notify of alteration — authorized representative);

(g) subsection 28(3) (failure to notify — owner);

(h) subsection 28(4) (failure to notify of completion of construction);

(i) subsection 33(1) (operation of ship without a certificate on board);

(j) subsection 33(2) (failure to deliver certificate to person entitled to operate ship);

(k) subsection 33(3) (failure to deliver certificate to Chief Registrar);

(l) subsection 34(2) (failure to fly Canadian flag);

(m) an order made under subsection 22(4) (renaming of ship); or

(n) a provision of the regulations made under this Part.

(2) Every person commits an offence who, for the purpose of applying for the registration, listing or recording of a ship or the registration of a mortgage under this Part or of complying with this Part or the regulations, provides any person with false or misleading information.

(3) Every person who commits an offence under subsection (1) or (2) is liable

(a) on conviction on indictment,

(i) if the offence is committed knowingly, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both, and

(ii) if the offence is committed negligently, to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both; and

(b) on summary conviction,

(i) if the offence is committed knowingly, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and

(ii) if the offence is committed negligently, to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

(4) If an offence under this Part that arises out of a contravention of subsection 16(2) (failure to register) or 27(1) (failure to mark) is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

(5) The words in parentheses in paragraphs (1)(a) to (m) and subsection (4) form no part of those paragraphs but are inserted for convenience of reference only.

R.S., 1985, c. S-9, s. 51; 1998, c. 16, s. 3.

52. (1) Every ship registered in Canada when this Part comes into force is deemed to be registered under this Part until the ship’s ownership changes.

(2) A certificate of registry issued under this Act before this Part comes into force expires no later than three years after this Part comes into force.

(3) Ships exempt from registration under this Act before this Part comes into force continue to be exempt until two years or, in the case of a pleasure craft, six years after this Part comes into force.

R.S., 1985, c. S-9, s. 52; 1998, c. 16, s. 3; 2001, c. 26, s. 319.

53. to 95. [Repealed, 1998, c. 16, s. 3]

96. to 99. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 5]

100. and 101. [Repealed, 1998, c. 16, s. 3]

102. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 7]

103. to 106. [Repealed, 1998, c. 16, s. 3]

107. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 8]

108. The Governor in Council may, notwithstanding anything in this Part, make regulations

(a) providing for the licensing of vessels that are exempted from registry under this Act;

(b) providing for the marking of licensed vessels;

(c) prescribing forms for licences and the forms for applications for licences;

(d) providing for the designation of persons to be issuers of licences;

(e) prescribing the fees to be paid for licences;

(f) providing for the disposition, notwithstanding the Financial Administration Act, of licence fees collected by licence issuers;

(g) prescribing the records to be kept and returns to be made by licence issuers; and

(h) prescribing a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months or both to be imposed on summary conviction as punishment for contravention of a regulation made under this section.

R.S., c. S-9, s. 108.