CANADA SHIPPING ACT

Ship Registration and Tonnage Regulations

SOR/2000-70

• SHIP REGISTRATION AND TONNAGE REGULATIONS
• INTERPRETATION
• NON-APPLICATION OF THE REGULATIONS
• PART 1
• REGISTRATION
• Renewal of Registration
• Suspension of Registration
• Reinstatement of Registration
• Cancellation of Registration.
• Notifying Chief Registrar
• Notice of Change in Ownership
• Prescribed Period for Subsection 30(4) of the Act
• Evidence That a Ship Is No Longer Registered in a Foreign Country
• PART 2
• TONNAGE
• Interpretation
• Prohibition
• Certificates
• Inspections
• Ships with Novel Construction Features
• DIVISION 1
• CANADIAN SHIPS 24 M IN LENGTH OR MORE
• Application
• Calculation of Tonnage
• Certificates
• DIVISION 2
• NON-CANADIAN SHIPS 24 M IN LENGTH OR MORE
• Application
• Calculation of Tonnage
• DIVISION 3
• CANADIAN SHIPS LESS THAN 24 M IN LENGTH
• Application
• Calculation of Tonnage
• Election
• PART 3
• REPEAL AND COMING INTO FORCE
• Repeal
• Coming into Force
• Established by:

SHIP REGISTRATION AND TONNAGE REGULATIONS

INTERPRETATION

1. The definitions in this section apply in these Regulations.

"Act"

« Loi »

"Act" means the Canada Shipping Act.

"International Tonnage Certificate (1969)"

«certificat international de jauge (1969) »

"International Tonnage Certificate (1969)" means

(a) for a Canadian ship, a certificate issued under subsection 13(5) or section 15, 18 or 19; and

(b) for a non-Canadian ship, a certificate issued under subsection 21(2) or under Article 7 of the 1969 Convention.

"1969 Convention"

« Convention de 1969 »

"1969 Convention" means the International Convention on Tonnage Measurement of Ships, 1969, established and published by the International Maritime Organization, as amended from time to time.

"TP 13430"

« TP 13430 »

"TP 13430" means Standard for the Tonnage Measurement of Ships, published by the Department of Transport, as amended from time to time.

NON-APPLICATION OF THE REGULATIONS

2. These Regulations do not apply in respect of

(a) a non-Canadian ship that, because of bad weather or any other cause of force majeure, is obliged to deviate from its intended voyage and seek temporary refuge in Canadian waters;

(b) a ship that is not required to be registered under subsection 16(1) of the Act, and that, although entitled to be registered under Part I of the Act, is not so registered; or

(c) a ship that is licensed by a foreign government and that conforms to standards that are substantially equivalent to standards imposed by the regulations made under section 108 of the Act.

PART 1

REGISTRATION

Renewal of Registration

3. (1) An application for the renewal of the registration 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) The Chief Registrar must, not less than 30 days before the expiry of the period during which the certificate of registry of a ship is valid, notify the person set out in the Register as the owner of the ship or their authorized representative that the information and documents referred to in subsection (1) must be provided to the Chief Registrar.

Suspension of Registration

4. The Chief Registrar must suspend the registration of a ship if the Chief Registrar has not received the information and documents referred to in subsection 3(1) before the expiry of the period during which the certificate of registry of the ship was valid.

Reinstatement of Registration

5. The Chief Registrar must reinstate the registration of a ship if the Chief Registrar receives the information and documents referred to in subsection 3(1) within six months after the expiry of the period during which the certificate of registry of the ship was valid.

Cancellation of Registration

6. The Chief Registrar must cancel the registration of a ship if the Chief Registrar does not receive the information and documents referred to in subsection 3(1) within six months after the expiry of the period during which the certificate of registry of the ship was valid.

Notifying Chief Registrar

7. A notification required under section 28 of the Act shall be in writing.

Notice of Change in Ownership

8. The Chief Registrar must, under paragraph 30(3)(a) of the Act, give notice of a change in ownership of a Canadian ship to the owners and registered mortgagees not less than 30 days before cancelling its registration under paragraph 30(2)(b) of the Act.

Prescribed Period for Subsection 30(4) of the Act

9. For the purposes of subsection 30(4) of the Act, the prescribed period within which a person who acquires a ship or a share in a ship must provide evidence that satisfies the Chief Registrar that the ship is required or entitled to be registered under Part I of the Act is 30 days after the day on which the person acquires the ship or share in the ship.

Evidence That a Ship Is No Longer Registered in a Foreign Country

10. The owner of a ship previously registered in a foreign country but no longer registered in the foreign country shall provide evidence in the form of an original or true copy of a written document, such as a deletion certificate or an abstract or transcript of registry, that establishes that the ship is no longer registered in the foreign country and that the foreign register records the ship as being free and clear of all encumbrances.

PART 2

TONNAGE

Interpretation

11. In this Part, "length", in respect of a ship, means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that is greater. In ships designed with a rake of keel, the waterline on which the length is measured shall be parallel to the designed waterline.

Prohibition

12. No ship registered under the Act shall navigate in Canadian waters and no Canadian ship shall navigate outside Canadian waters unless the ship

(a) if its tonnage was not ascertained under the Act before February 25, 2000, has been measured and its tonnage has been calculated in accordance with this Part; and

(b) keeps on board

(i) if the ship is subject to the 1969 Convention, an International Tonnage Certificate (1969),

(ii) if the ship is a Canadian ship and is not subject to the 1969 Convention, a Certificate of Registry, or

(iii) if the ship is a non-Canadian ship and is not subject to the 1969 Convention, a Certificate of Tonnage or Certificate of Registry.

Certificates

13. (1) An International Tonnage Certificate (1969) for a ship that is transferred from the register of a state party to the 1969 Convention to the Canadian Register of Ships remains valid until the earlier of

(a) the day on which a period of three months after the date on which the ship is registered in Canada expires, and

(b) the day on which the Minister issues a new International Tonnage Certificate (1969) for that ship.

(2) An International Tonnage Certificate (1969) for a Canadian ship ceases to be valid and shall be cancelled if a modification resulting in an increase in the tonnage of the ship, calculated in accordance with TP 13430, is made in

(a) the arrangement, construction, capacity or use of its spaces;

(b) the total number of passengers that it is permitted to carry, as indicated in its Passenger Ship Safety Certificate issued under paragraph 321(a) of the Act; or

(c) its assigned load line or permitted draught.

(3) An International Tonnage Certificate (1969) for a Canadian ship remains valid and shall not be cancelled and a new certificate shall not be issued until 12 months after the date of issue of the current certificate if a decrease in the net tonnage of the ship, calculated in accordance with TP 13430, results from

(a) a modification in the arrangement, construction, capacity or use of its spaces;

(b) a modification in the total number of passengers that it is permitted to carry, as indicated in its Passenger Ship Safety Certificate issued under paragraph 321(a) of the Act; or

(c) a change of trade in which the ship is engaged that alters its assigned load line.

(4) Subsection (3) does not apply in respect of a ship that

(a) is transferred to the flag of another state;

(b) undergoes substantial modifications, such as the removal of a superstructure, that require an alteration of its assigned load line; or

(c) is a passenger ship that is engaged in the carriage of large numbers of unberthed passengers in a special trade, such as the pilgrim trade.

(5) If an International Tonnage Certificate (1969) for a ship is cancelled, its tonnage shall be recalculated in accordance with TP 13430 and, subject to subsection (3), the Minister shall issue a new International Tonnage Certificate (1969) for the ship in the form set out in Annex II of the 1969 Convention.

Inspections

14. (1) The Minister may inspect a ship to verify that

(a) the ship is carrying the appropriate certificate prescribed by paragraph 12(b); and

(b) there have been no modifications made to the ship that resulted in a change in the tonnage specified for the ship in that certificate.

(2) If the Minister determines that modifications made to a ship have resulted in a change in the tonnage specified in the certificate prescribed by paragraph 12(b) or that the ship does not carry that certificate, the Minister shall notify in writing

(a) in the case of a Canadian ship, other than a pleasure craft, the authorized representative of the ship;

(b) in the case of a Canadian ship that is a pleasure craft, the owner or master of the ship; and

(c) in the case of a non-Canadian ship, the government of the state whose flag the ship is entitled to fly.

Ships with Novel Construction Features

15. Despite any other provision of these Regulations, if a ship has such novel construction features as to render its tonnage incalculable in accordance with TP 13430, the tonnage of the ship shall be calculated in accordance with directions of the Board that adapt a calculation method set out in TP 13430 to that ship and, if applicable, the Minister shall issue an International Tonnage Certificate (1969) for the ship in the form set out in Annex II of the 1969 Convention.

DIVISION 1

CANADIAN SHIPS 24 M IN LENGTH OR MORE

Application

16. This Division applies in respect of every Canadian ship that is 24 m in length or more if

(a) the tonnage of the ship was not ascertained before February 25, 2000;

(b) the ship undergoes modifications on or after February 25, 2000 that alter the ship in such a way that the total volume of all the enclosed spaces of the ship is changed by more than one per cent; or

(c) the keel of the ship was laid before October 17, 1994 and, on or subsequent to that date, the ship engages in international voyages.

Calculation of Tonnage

17. The tonnage of a Canadian ship under this Division shall be calculated in accordance with Part 2 of TP 13430.

Certificates

18. If the tonnage of a Canadian ship engaged in international voyages has been calculated in accordance with Part 2 of TP 13430, the Minister shall issue an International Tonnage Certificate (1969) for the ship in the form set out in Annex II of the 1969 Convention.

19. The Minister may request a state party to the 1969 Convention to measure a Canadian ship for the purpose of calculating its tonnage in accordance with Part 2 of TP 13430 and to issue an International Tonnage Certificate (1969) for the ship in the form set out in Annex II of the 1969 Convention.

DIVISION 2

NON-CANADIAN SHIPS 24 M IN LENGTH OR MORE

Application

20. This Division applies in respect of every non-Canadian ship that is 24 m in length or more and is entitled to fly the flag of a state party to the 1969 Convention.

Calculation of Tonnage

21. (1) The Minister may require a tonnage measurer to measure a non-Canadian ship for the purpose of calculating its tonnage in accordance with Part 2 of TP 13430 if requested to do so by a state party to the 1969 Convention.

(2) After having the tonnage of a ship calculated in accordance with subsection (1), the Minister shall issue an International Tonnage Certificate (1969) for the ship in the form set out in Annex II of the 1969 Convention and shall forward to the requesting state a copy of the certificate and a copy of the calculations of the tonnages.

DIVISION 3

CANADIAN SHIPS LESS THAN 24 M IN LENGTH

Application

22. This Division applies in respect of every Canadian ship that is less than 24 m in length if

(a) the tonnage of the ship was not ascertained before February 25, 2000; or

(b) the ship undergoes modifications on or after February 25, 2000 that alter the ship in such a way that the total volume of all the enclosed spaces of the ship is changed by more than one per cent;

Calculation of Tonnage

23. The tonnage of a Canadian ship under this Division shall be calculated in accordance with Part 3 of TP 13430.

Election

24. Despite section 23, the owner of a Canadian ship under this Division, other than a pleasure craft, may elect to have the tonnage of the ship calculated in accordance with Division 1 and the election is binding on the owner in respect of the calculation.

PART 3

REPEAL AND COMING INTO FORCE

Repeal

25. The Tonnage Regulations are repealed.

Coming into Force

26. These Regulations come into force on February 25, 2000.

Established by:

SOR/2000-70 15 March, 2000 Pursuant to section 48 of the Canada Shipping Act, into force on February 25, 2000.

Amended by:

SOR/2002-15 13 December, 2001 Pursuant to section 48 of the Canada Shipping Act, into force on December 13, 2001.

Subsection 3(2) of the French version is replaced; subsection 21(2) is replaced; section 22 amended by deleting the word "or" at the end of paragraph (b), by adding the word "or" at the end of paragraph (a) and by repealing paragraph (c).