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3. REGISTERING A VESSEL

Express lane for small vessels

Who may register a vessel on the Canadian Register ^

Every owner must be a "qualified person". You are a qualified person if you are:

• a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration Act, or

• a corporation incorporated under federal or provincial law.

Required registration ^

You must register any vessel in Canada that:

• exceeds 15 gross tons (see Tonnage Table on page xx;
• is owned only by Canadian citizens, residents, or companies incorporated in Canada (called qualified persons); and
• is not registered in a foreign country.

Optional registration ^

Unless registered in a foreign country, you may register any of the following:

• vessels of 15 gross tons which are owned only by qualified persons;
• vessels owned by a foreign corporation where there is a subsidiary incorporated in Canada or the vessel is managed by a Canadian vessel management company; or 
• a vessel that a qualified person is using under a financing agreement (lease to own) provided that the person will own that vessel at the end of the agreement.

Advantages of registration ^

Registering a vessel offers you many advantages, such as:

• Registration gives you title to a vessel that proves that you are the legal owner.
• You can use a registered vessel as security for a loan.
• A registered mortgage becomes a marine mortgage.
• Registration can increase resale value of your vessel, by proving clear title.
• Registration ensures a unique name for your vessel.
• Registration limits your liability.
• Registration allows you to fly the Canadian flag.

Documentation for first-time registration ^

To complete the registration of a vessel or shares in a vessel, you will have to establish legal title. To apply to register a vessel, you must send the following documents to the registrar at the Port of Registry:

• Application for Registry;
• Declaration of Ownership - Each owner must complete a separate form;
• Appointment of an Authorized Representative - This must be completed by the owners. This is required if there is more than one owner or if the vessel is owned by a foreign corporation. It does not apply to any pleasure vessels;
• Notice of Name for a Ship; and,
• the appropriate fee - refer to the table of fees in the Appendix.

For a vessel built in Canada, you will also need: ^

• Builder's Certificate - This is issued by the builder and made out to you or the corporation registering the vessel; and,
• if you are not named on the certificate, you will need all Bills of Sale showing the sequence of title from the builder to you, the applicant.

For a foreign built vessel, you will also need: ^

• either the original notorized Bill of Sale (or a certified or notarized true copy having an original stamp) selling the vessel from the last foreign owner to you, duly authenticated by a Canadian or an acceptable consular office; or, if you are not the first Canadian owner, all Bills of Sale showing the sequence of title up to you. If the Bill of Sale has the seal of either a Canadian or foreign notary, consular authentication is not required; and,
• proof of closing of foreign registry, free and clear of all encumbrances.

Authorized representative ^

Every Canadian vessel, other than a pleasure vessel, must have a person who is responsible for acting in all matters relating to the vessel. This person is called the authorized representative.
In the case of a Canadian vessel that is owned by more than one person, the owners must appoint one of themselves as the authorized representative. Because corporations are legally persons, a corporation may be the authorized representative.
The authorized representative of a vessel owned by a foreign-owned subsidiary corporation must be:

• a subsidiary of the corporation that is incorporated under the laws of Canada or a province;
• an employee or director of any branch office of the corporation that is carrying on business in Canada; or 
• a ship management company incorporated in a province or according to federal law.

Identifying the owner ^

Individual Owner
An individual owner has the power to act upon his or her share only.

Joint Owners ^

For the purposes of registration, the property of a vessel is divided into 64 shares. Up to five people may register as joint owners of each of these 64 shares. Joint owners are considered as one unit, although all of the names of the joint owners are listed in the Canadian Register. 

You can sell a share only when all joint owners act together to sell it.

Vessels' Names ^

Reserving a Name ^
You can reserve a name for your vessel, even before it is registered, for instance when a ship is planned or under construction. There is a fee for this service. If you do not register the vessel within a year, the name will be canceled and someone else may claim it. You will also forfeit the registration fee, and when you apply again, you will have to pay that fee a second time. Note, however, that instead of losing your vessel's name, you can pay a special fee to have that name extended for another year. Your must ask for the extension before the year is over. 

Naming a vessel ^
When you apply to register your vessel for the first time, you will be asked to choose its name. You should always suggest at least three choices in case the one you want is not available. Similar names ending with different roman numerals are different names. So if you really want your vessel named Molly B, you can offer Molly B II and Molly B IV, for instance, as your second and third choices. All characters in the name must be letters from the Latin alphabet (A, B, CÖ X, Y, Z or a, b, c Ö x, y, z). No other symbols are permitted.

The Chief Registrar will not allow a name that is:

• the same as the name of an existing Canadian vessel;
• likely to be confused with the name of a Canadian vessel or with a distress signal;
• likely to offend members of the public;
• prohibited under any other act of Parliament; or
• likely to hurt the international reputation of Canada.

To register or reserve a name you should apply using the form Notice of Ship's Name and send the appropriate fee to the registrar. If another vessel has already been registered under the name of your first choice, your application will be returned unless you have given other choices and one of those names is available. If the name is available, you will have one year from the date of approval in which to complete the registration of the vessel under that name. 

The same form and process is required for changing the name of a vessel. 

Port of Registry ^
When completing your application form you will be asked to choose a Port of Registry for your vessel. A Port of Registry is like a home port for your vessel. Often it will be the actual port of your vessel or the Port of Registry closest to home port. But you may also choose any other designated port in Canada if you wish. The appendix lists all designated ports of registry. You must choose one from that list. 

If you wish to change your vessel's Port of Registry, you should ask for the form called Declaration of Transfer of Registry from a registrar.

Vessel's Certificate of Survey ^

In most cases, before a vessel can be registered, you are required to have the vessel measured by a tonnage measurer. 

If your vessel has an overall length of 12 metres or less, you may be able to undertake a simple measurement by yourself. See the box Simplified self-measurement of tonnage based on length, to learn whether you qualify for self-measurement.

If the vessel already has a valid International Tonnage Certificate (ITC), you are not required to remeasure the vessel.

You are responsible for hiring an approved tonnage measurer, for paying the measurer's fee and for related expenses, such as travel. The Registry office you have chosen for your vessel can give you a list of certified tonnage measurers. The measurer will calculate the vessel's tonnage, and provide this information on a Certificate of Survey.

Certificate of Registry ^
The Certificate of Registry will be issued to you after the registrar has reviewed and is satisfied that all of the documents are acceptable. This certificate must be on board at all times during the vessel's operation.

The certificate establishes the vessel's nationality and tonnage, but it does not prove ownership or account for any mortgages. If at any time you want to prove ownership, you should request a certified transcript of the register. A fee applies for this service.

A Certificate of Registry is valid for three years except for bare-boat charter ships. If any changes are made to the Certificate or Registry, other than a change of address, a new three-year certificate will be issued.

Renewal ^
The Certificate of Registry must be renewed periodically. The expiry date will be shown on the certificate. About a month before a certificate is due to expire, you will receive a notice of renewal. You will only receive one notice. Do not wait for other notices to follow before renewing your vessel's registry. If there are no changes, you only need to sign and return a portion of the notice. If you do not receive the renewal notice, be sure to contact the office of the Chief Registrar at least two weeks before your certificate is due to expire. 

Registration of bare-boat charter ships or air cushion vehicles ^

A bare-boat charter vessel is an uncrewed vessel chartered from one national jurisdiction to another, also called a demise charter vessel. An ACV is an air cushion vehicle, better known as a hovercraft. 
Registration of either a bare-boat charter vessel or a commercial ACV is a comparatively rare and complicated matter. Anyone wishing to proceed with either chartering a bare boat in or out of Canada or registering a commercial ACV should contact the office of the Chief Registrar in Ottawa.

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