Bill C-73

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First Reading

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	Registrars
Appointment of Chief Registrar of Ships	3.1 The Governor in Council may appoint an officer to be known as the Chief Registrar of Ships.
Duties of Chief Registrar of Ships	3.2 The Chief Registrar of Ships is responsi ble for the recording and registration of ships in Canada in accordance with this Act.
Registrars	3.3 (1) The Chief Registrar of Ships may appoint such registrars as the Chief Registrar of Ships considers necessary.
Duties of registrars	(2) A registrar appointed under this section shall perform such duties as the Chief Regis trar of Ships may assign to the registrar in respect of any port in Canada that is approved by the Governor in Council for the registry of ships.
Immunity	3.4 A registrar is not personally liable for anything done or omitted to be done by the registrar in good faith under the authority or purported authority of this Act.
	4. Subsection 4(2) of the Act is replaced by the following:
Application for recording	(2) The owner of a vessel described in subsection (1) may apply to have the vessel recorded by delivering to the registrar, in the form prescribed by the Governor in Council , a written and signed description of the vessel and a statement of the port in Canada at which it is intended to be registered.
	5. Section 6 of the Act is replaced by the following:
Qualification for owning Canadian ship	6. A ship is deemed not to be a Canadian ship unless it is owned wholly by a person qualified to be an owner of a Canadian ship, namely,
	(a) a Commonwealth citizen ; or
	(b) a body corporate incorporated under the law of a Commonwealth country and hav ing its principal place of business in that country.
	6. Subsections 7(1) to (3) of the Act are replaced by the following:
Unregistered ships	7. (1) Notwithstanding that an unregistered ship is owned wholly by persons qualified to be owners of Canadian ships, that ship, unless it is exempted from registration or is not required to be registered by this Act, shall not be recognized in Canada, or for the purposes of this Act, as being entitled to the rights and privileges that are accorded to Canadian ships registered in Canada .
Optional registration in Canada	(2) Every ship that is owned wholly by persons qualified to be owners of Canadian ships and that is not registered outside Canada may be registered in Canada.
Compulsory registration in Canada	(3) Subject to section 8, every ship that is owned by persons qualified to be the owners of Canadian ships a majority of which, either in number or in extent of ownership, are residents of Canada, and every ship that is , with respect to its management and use, principally controlled in Canada, shall, unless it is registered outside Canada, be registered in Canada.
	7. Section 8 of the Act is replaced by the following:
Exemption from registry	8. Ships not exceeding fifteen tons gross tonnage employed solely in navigation in Canadian waters and pleasure craft not ex ceeding fifteen tons gross tonnage wherever employed or operated are exempted from registry.
	8. Section 9 of the Act is repealed.
	9. Section 11 of the Act is replaced by the following:
Survey and measurement of ship	11. In order to be registered in Canada, a ship must be surveyed by a surveyor of ships and its tonnage ascertained in accordance with the tonnage regulations of this Act and, on the completion of the survey , the surveyor shall grant a certificate specifying the ship's ton nage and build, and such other particulars descriptive of the identity of the ship as may be required by the Minister, and deliver the certificate to the registrar before registry.
	10. The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:
Marking of ship	12. (1) In order to be registered in Canada, a ship must be marked permanently and conspicuously to the satisfaction of the Minis ter as follows:
	11. Subsection 28(1) of the Act is replaced by the following:
Requiring evidence of ship's title	28. (1) Where it appears to the Minister that there is any doubt respecting the title of any ship registered as a Canadian ship to be so registered, the Minister may direct the regis trar of the port of registry of the ship to require evidence to be given to the satisfaction of that registrar that the ship is entitled to be regis tered as a Canadian ship.
	12. Subsection 30(2) of the Act is replaced by the following:
Conflicting directions to registrar	(2) Where any registrar or senior customs officer at any port or place in Canada receives conflicting directions from owners of any ship respecting a change of the master of the ship, the registrar or senior customs officer may refuse to endorse and sign a memorandum of the change of master on the certificate of registry of the ship until the registrar or senior customs officer receives a declaration from the registered owners representing a majority of shares in the ship, or from their duly appointed agents.
	13. The portion of subsection 31(1) of the Act before paragraph (a) is replaced by the following:
How declaration made	31. (1) The declaration referred to in subsection 30(2) shall be in the form pre scribed by the Governor in Council and shall set out the name of the person appointed in lieu of the former master, who shall be named in the declaration , and shall be made and subscribed
	14. The portion of subsection 36(1) of the Act before paragraph (a) is replaced by the following:
Provisional certificate	36. (1) Where, at a port not within Canada , a ship becomes the property of persons qualified to own a Canadian ship and those persons declare to the consular officer at that port an intent to apply to have the ship registered in Canada, the consular officer may grant to the ship's master, on application, a provisional certificate stating
	15. Subsection 45(2) of the Act is replaced by the following:
Form of builder's mortgage and recording	(2) A builder's mortgage shall be in the form prescribed by the Governor in Council and may be filed with the registrar at the port at which the vessel is recorded.
	16. The portion of subsection 54(3) of the Act before paragraph (a) is replaced by the following:
Transmission of builder's mortgage	(3) In the case of a transmission of a builder's mortgage, the declaration shall be in the form prescribed by the Governor in Council and shall state the manner in which and the person to whom the property has been transmitted and shall be made and subscribed
	17. The heading before section 55 and sections 55 to 62 of the Act are repealed.
	18. Section 79 of the Act is replaced by the following:
Application of fees	79. Unless this Act provides otherwise, all fees authorized to be taken under this Part shall,
	(a) if taken in a Commonwealth country other than Canada , be disposed of in such way as the Executive Government of that country directs; and
	(b) if taken at a port of registry established by order in council under the Merchant Shipping Acts, be disposed of as Her Majesty in Council directs.
	19. (1) Paragraphs 82(1)(a) and (b) of the Act are replaced by the following:
	(a) on payment of such fee as the Governor in Council may, by order, prescribe , inspect the entries respecting a ship in the register book or record book; and
	(b) on payment of such fee as the Governor in Council may, by order, prescribe , obtain
	(i) a copy of the entries made in the register book or record book respecting a ship, or
	(ii) a copy of any declaration or docu ment that is by subsection (2) declared admissible in evidence,
	certified by the registrar to be a true copy of the entries, declaration or document.
	(2) Subsection 82(2) of the Act is amended by adding the following after paragraph (a):
	(a.1) a certified copy, purporting to be signed by the registrar, of the entries in the register book or record book respecting a ship;
	20. (1) Subsection 83(3) of the Act is repealed.
	(2) Subsection 83(4) of the French version of the Act is replaced by the following:
Instructions aux registraires et jaugeurs de navires	(4) Le ministre peut aussi, pour mettre à exécution la présente partie, donner les instructions qu'il juge à propos aux regis traires et aux jaugeurs de navires concernant la manière de faire les inscriptions au registre, la souscription et l'attestation des procura tions, la preuve requise pour constater l'iden tité des personnes, la nécessité de lui référer les questions douteuses ou difficiles, et, d'une façon générale, concernant tout acte ou toute chose à faire en application de la présente partie.
	21. Section 88 of the Act is replaced by the following:
Concealment of Canadian character	88. (1) If the master or owner of a Canadian ship does anything or permits anything to be done, or carries or permits to be carried any papers or documents, with intent to conceal the Canadian character of the ship from any person entitled by the law of Canada to inquire into the same, or with intent to assume a foreign character, or with intent to deceive, the ship is subject to forfeiture under this Act.
Offence	(2) The master of a Canadian ship who does anything referred to in subsection (1) or permits any such thing to be done is guilty of an indictable offence.
	22. Section 90 of the Act is replaced by the following:
Liabilities of ships not recognized as Canadian	90. Where it is declared by this Act that a ship shall not be recognized as a Canadian ship , that ship is not entitled to any benefits, privileges, advantages or protection usually enjoyed by Canadian ships, to use the Cana dian flag or to assume the Canadian national character, but with respect to the payment of dues, the liability to fines and forfeiture and the punishment of offences committed on board that ship, or by any persons belonging to the ship, that ship shall be dealt with in the same manner in all respects as if it were a Canadian ship.
	23. The portion of subsection 93(1) of the Act after paragraph (c) is replaced by the following:
	may seize and detain the ship, and bring it for adjudication before the Admiralty Court or before any court having Admiralty jurisdic tion in a Commonwealth country, and the court may adjudge the ship with its tackle, ap parel and furniture to be forfeited to Her Maj esty, and make such order in the case as to the court seems just, and may award to the officer bringing in the ship for adjudication such por tion of the proceeds of the sale of the ship or any share therein as the court thinks fit.
R.S., c. 6 (3rd Supp.), s. 5	24. Section 95 of the Act is repealed.
R.S., c. 6 (3rd Supp.), s. 87(F)	25. Section 104 of the French version of the Act is replaced by the following:
Jaugeurs de navires et règlements	104. Tout ce qui est exigé, relativement à la visite et au jaugeage des navires, doit être accompli par des jaugeurs de navires sous l'autorité de la présente loi, conformément aux règlements pris par le ministre.
	26. Section 106 of the French version of the Act is replaced by the following:
Perception des taxes de jauge	106. Les personnes autorisées à percevoir les taxes de jauge des navires peuvent, si elles le jugent convenable, et avec le consentement du ministre, percevoir ces taxes sur la jauge nette des navires telle qu'elle est déterminée par les règlements sur le jaugeage prévus par la présente loi, bien qu'une loi d'application purement locale ou des règlements en vertu desquels ces taxes sont prélevées prévoient leur perception d'après un système différent de jaugeage.
	27. Section 108 of the Act and the heading before it are replaced by the following:
	Licensing of Vessels Exempted from Registry
Licensing of vessels exempted from registry	108. (1) 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, bodies or agencies to be issuers of licences;
	(e) prescribing the fees to be paid for licences;
	(f) providing for the disposition, notwith standing 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;
	(h) requiring an owner or operator of a vessel to stop the vessel and to produce the vessel's licence to a person designated in the regulations;
	(i) prohibiting the operation of vessels that are not licensed as required by regulations made under this section; and
	(j) prescribing the maximum fine that may be imposed in respect of the contravention of any provision of a regulation made under this section.
Offence	(2) Every person who contravenes a provi sion of a regulation made under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding the maxi mum fine prescribed under paragraph (1)(j) in respect of that contravention or to imprison ment for a term not exceeding six months or to both.
	28. (1) Paragraph 109(1)(e) of the Act is replaced by the following:
	(e) barges or other vessels having neither masts, sails nor rigging and not being mechanically-driven , and
	(2) Subsection 109(1) of the Act, as enacted by section 9 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conserva tion Act in consequence thereof, being chapter 6 of the 3rd Supplement to the Revised Statutes of Canada, 1985, is re placed by the following:
Definition of ``ship''	109. (1) In this Part, ``ship'' does not include pleasure craft of less than twenty metres in length.
	29. (1) Paragraph 110(1)(b) of the Act is replaced by the following:
	(b) pleasure craft, and
	(2) The portion of subsection 110(1) of the Act before paragraph (d), as enacted by section 9 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conservation Act in conse quence thereof, being chapter 6 of the 3rd Supplement to the Revised Statutes of Canada, 1985, is replaced by the following:
Regulations	110. (1) Subject to subsection 109(2), the Governor in Council may make regulations respecting the training and certification of masters and seafarers and, without limiting the generality of the foregoing, may make regulations
	(a) prescribing the types and classes of certificates that may be granted to masters and seafarers and the grade that each such type or class bears in relation to every other type or class;
	(b) prescribing classes of ships in respect of which a certificate is not valid in the absence of an endorsement on that certifi cate stating that the certificate is valid for service on that class of ship;

Bill C-73

Registrars

Licensing of Vessels Exempted from Registry