Canada Gazette

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraphs 35(1)(d) and (f) (see footnote a) and section 77 of the Canada Shipping Act, 2001 (see footnote b), hereby makes the annexed Vessel Registration and Tonnage Regulations.

"1969 Convention" means the International Convention on Tonnage Measurement of Ships, 1969, as amended from time to time. (Convention de 1969)

(a) for a Canadian vessel, a certificate issued under subsection 8(5) or section 12 or 13; and

(b) for a foreign vessel, a certificate issued under Article 7 or 8 of the 1969 Convention or paragraph 15(2)(b). (certificat international de jaugeage (1969))

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

3. (1) The Chief Registrar shall, under paragraph 60(3)(a) of the Act, give notice of a change in ownership of a Canadian vessel to the owners and registered mortgagees not less than 30 days before cancelling its registration under paragraph 60(2)(b) of the Act.

(i) with the individual, or

(ii) if the individual cannot conveniently be found, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual; or

(b) by sending a copy of it by ordinary mail, courier, fax or other electronic means to the last known address or usual place of residence of the individual.

(a) sending a copy of it by fax, ordinary mail or courier to the head office or place of business of the corporation or to the corporation's agent;

(b) leaving a copy of it at the corporation's head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the corporation's agent; or

(4) Notice that is given by ordinary mail under paragraph (2)(b) or (3)(a) is deemed to be given on the fourth day after the day on which it was mailed.

4. For the purposes of subsection 60(4) of the Act, the prescribed period within which a person who acquires a vessel or a share in a vessel shall provide evidence that satisfies the Chief Registrar that the vessel is required or entitled to be registered under Part 2 of the Act is 30 days after the day on which the person acquires the vessel or the share.

5. The owner of a vessel previously registered in a foreign state but no longer registered in that state 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 vessel is no longer registered in that state and that the foreign register records the vessel as being free and clear of all encumbrances.

6. In this Part, "length", in respect of a vessel, means 96% of the total length on a waterline at 85% 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 vessels designed with a rake of keel, the waterline on which the length is measured shall be parallel to the designed waterline.

7. Every Canadian vessel that navigates in any waters and is subject to the 1969 Convention shall hold and keep on board an International Tonnage Certificate (1969).

8. (1) An International Tonnage Certificate (1969) held by a vessel that is transferred from the register of a state that is party to the 1969 Convention to the Register remains valid until the earlier of

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

(b) the day on which the Minister issues a new International Tonnage Certificate (1969) to the vessel.

(2) An International Tonnage Certificate (1969) held by a Canadian vessel ceases to be valid and shall be cancelled if an alteration resulting in an increase in the tonnage of the vessel, calculated in accordance with this Part, is made in

(b) the total number of passengers that it is permitted to carry, as indicated in its Passenger Ship Safety Certificate issued under the Vessel Certificates Regulations; or

(3) An International Tonnage Certificate (1969) held by a Canadian vessel remains valid and shall not be cancelled, and a new certificate shall not be issued before 12 months after the day on which the current certificate is issued, if a decrease in the net tonnage of the vessel, calculated in accordance with this Part, results from an alteration in

(b) the total number of passengers that it is permitted to carry, as indicated in its Passenger Ship Safety Certificate issued under the Vessel Certificates Regulations; or

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

(c) is a passenger vessel 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) held by a Canadian vessel is cancelled because of a change in tonnage resulting from an alteration referred to in subsection (2) or (3), the tonnage corresponding to the new characteristics of the vessel shall be calculated in accordance with this Part and, subject to subsection (3), the Minister shall issue a new International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention.

9. If a Canadian vessel is altered in such a way that the tonnage set out on its certificate of registry may have changed, the vessel's authorized representative shall ensure that any change in tonnage is calculated in accordance with the method that was used for calculating the tonnage set out on the certificate of registry.

10. This Division applies in respect of the following vessels if they are 24 m in length or more:

(a) a vessel in respect of which an application for the initial registration or listing under Part 2 of the Act has been made;

(b) a Canadian vessel that is altered in such a way that the tonnage set out on its certificate of registry is changed by more than 1% when tonnage is calculated in accordance with the method that was used for calculating the tonnage set out on the certificate of registry;

(c) a vessel in respect of which an application for the registration or listing under Part 2 of the Act has been made if the vessel had been registered or listed in Canada but no longer is when the application is made; and

(d) a Canadian vessel whose tonnage was calculated before October 17, 1994 and that engages on international voyages on or after that date.

11. (1) An applicant for the registration of a vessel and the authorized representative of a Canadian vessel shall ensure that the vessel's tonnage is calculated in accordance with

(b) directions of the Minister that adapt a calculation method set out in Part 2 of TP 13430 to that vessel, if the vessel has such novel construction features as to render its tonnage incalculable in accordance with Part 2 of TP 13430; or

(2) An applicant for the listing of a vessel shall ensure that its tonnage is calculated in accordance with the method that was used to calculate its tonnage in the foreign state where the vessel's registration is suspended in respect of the right to fly the flag of that state.

12. On application by the authorized representative of a Canadian vessel that is subject to the 1969 Convention and whose tonnage is calculated in accordance with section 11, the Minister shall issue an International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention.

13. If a Canadian vessel is subject to the 1969 Convention, the Minister may request a state that is party to the 1969 Convention to calculate the vessel's tonnage in accordance with Annex I of the 1969 Convention and to issue an International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention.

14. This Division applies in respect of every foreign vessel in Canadian waters that is 24 m in length or more and is entitled to fly the flag of a state that is party to the 1969 Convention.

15. (1) At the request of a state that is party to the 1969 Convention, the Minister may authorize a tonnage measurer to calculate, in accordance with Annex I of the 1969 Convention, the tonnage of a foreign vessel that flies the flag of that state.

(2) After the tonnage of a vessel is calculated in accordance with subsection (1), the Minister shall

(b) issue an International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention, if requested to do so by the state, and forward a copy of the certificate to the state.

16. This Division applies in respect of the following vessels if they are less than 24 m in length:

(a) a vessel in respect of which an application for the initial registration or listing under Part 2 of the Act has been made;

(b) a Canadian vessel that is altered in such a way that the tonnage set out on its certificate of registry is changed by more than 5% when tonnage is calculated in accordance with the method that was used for calculating the tonnage set out on the certificate of registry; and

17. (1) An applicant for the registration of a vessel and the authorized representative of a Canadian vessel shall ensure that the vessel's tonnage is calculated in accordance with

(b) directions of the Minister that adapt a calculation method set out in Part 3 of TP 13430 to that vessel, if the vessel has such novel construction features as to render its tonnage incalculable in accordance with Part 3 of TP 13430.

18. (1) Despite section 17, an applicant for the registration of a vessel or the authorized representative of a Canadian vessel may elect to have the vessel's tonnage calculated in accordance with subsection 11(1).

(2) Any election made under subsection (1) is binding on the applicant or authorized representative.

19. The Ship Registration and Tonnage Regulations (see footnote 1) are repealed.

20. These Regulations come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.

The Vessel Registration and Tonnage Regulations (the Regulations) form part of the new Canada Shipping Act, 2001 (CSA 2001) regime. They are made pursuant to paragraphs 35(1)(d) and (f) and section 77 of the CSA 2001. These Regulations replace the Ship Registration and Tonnage Regulations made under the Canada Shipping Act (CSA), both of which will be repealed when the CSA 2001 comes into force, which is expected to occur on July 1, 2007.

Tonnage is the measure of the size of a vessel. The tonnage of a vessel is required to determine under which part of the Canadian Register of Vessels a vessel is to be registered. The tonnage of a vessel is also used as a cut-off for the application of the various safety requirements that are imposed by other regulations made under the CSA 2001.

The Regulations address the new approach to registration that has resulted in a substantial change in requirements for tonnage measurement of small commercial vessels licensed under the CSA.

The Regulations apply to all commercial vessels as well as to pleasure craft that choose to register. The Regulations help fulfill Canada's international obligations under the International Convention on Tonnage Measurement of Ships, 1969 by incorporating by reference Annex I to this Convention. The Regulations incorporate the Transport Canada (TC) standard entitled Standard for the Tonnage Measurement of Vessels, TP 13430, in which the methods of calculating tonnage are set out.

Part 1 of the Regulations concerns the "Registration" of vessels and sets out the method by which the Chief Registrar will provide notification of change of ownership to the owners and registered mortgagees of a vessel. This Part also establishes the period of 30 days for the Chief Registrar to cancel the registration of a vessel where a person who acquires a vessel or a share in one does not provide the Chief Registrar with evidence that the vessel is required or entitled to be registered under the CSA 2001. In addition, this Part establishes the evidence required to be provided by an owner of a vessel previously registered in a foreign state and being transferred to the Register.

Part 2 of the Regulations addresses tonnage requirements for all vessels that register. It includes provisions with respect to the calculation of tonnage and the issuance, validity and cancellation of the International Tonnage Certificate for Canadian vessels of 24 metres in length or more that are engaged in international voyages.

Calculation of a vessel's tonnage for Canadian vessels 24 metres in length or more remains the same. However, the Regulations allow an increased variance in the tonnage following alterations for Canadian vessels less than 24 metres in length by changing the criterion from 1% to 5%. This will translate to a cost saving to small commercial vessel owners.

Canadian vessels 24 metres in length or more that were measured before October 17, 1994, and engaged only on domestic voyages will continue using their existing tonnage until such vessels become engaged on international voyages.

Part 3 of the Regulations repeals the Ship Registration and Tonnage Regulations and provides for the coming into force of the Regulations

Transition measures exist under the CSA 2001 to address the continuity of the registration process.

Regulating is necessary to ensure consistency in the method used for calculating tonnage and ensure transparency of the notification process followed by the Chief Registrar.

There are no new costs for the Government or the industry associated with the Regulations, as tonnage measurement is required under the CSA.

Tonnage is a complex measurement for larger vessels and requires the services of an appointed tonnage measurer. For smaller vessels, tonnage can be determined by the owner or by an appointed tonnage measurer. Under the CSA and the CSA 2001 the costs of the tonnage measurer's services are paid by the person who requests a tonnage measurement, which will generally be a vessel's owner. The annual gross cost to the Government is considered to be minimal. To mitigate the cost to owners of small commercial vessels licensed under the current licensing system, TC has established in the Standard for the Tonnage Measurement of Vessels, TP 13430, a simplified method of calculation that can be used by the owners instead of having to hire a tonnage measurer.

A preliminary scan for environmental impacts has been undertaken in accordance with the criteria of Transport Canada's Strategic Environmental Assessment Policy Statement — March 2001. The preliminary scan has led to the conclusion that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination.

Continued consultations and updates on the progress of the development of the Regulations have been communicated to interested stakeholders at both regional and national Canadian Marine Advisory Council (CMAC) meetings since 2002.

The Regulations were again presented to the stakeholders during the Standing Committee on Construction and Equipment at National CMAC on November 8, 2006. Following the formal presentation, several questions by the participants were raised and answers were provided. The participants were invited to provide their comments to the working group and no comments were received.

The Regulations were published in the Canada Gazette, Part I, on April 28, 2007, followed by a 15-day comment period. As no comments were received from stakeholders, the Regulations remain the same as those pre-published in Part I of the Canada Gazette.

Enforcement of the Regulations will not impact the overall established compliance mechanism for Marine Safety. The Regulations will not require additional monitoring to ensure compliance, as marine safety inspectors will enforce the Regulations during normal periodic inspections.

Diane Cosentino
Chief Registrar
Operational and Environmental Programs (AMSED)
Marine Safety
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 10th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-991-3155
Fax: 613-998-0637
Email: cosentd@tc.gc.ca