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| Appointment
of Chief
Registrar of
Ships
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3.1 The Governor in Council may appoint
an officer to be known as the Chief Registrar
of Ships.
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| Duties of
Chief
Registrar of
Ships
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3.2 The Chief Registrar of Ships is responsi
ble for the recording and registration of ships
in Canada in accordance with this Act.
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| Registrars
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3.3 (1) The Chief Registrar of Ships may
appoint such registrars as the Chief Registrar
of Ships considers necessary.
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| Duties of
registrars
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(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.
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| Immunity
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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.
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4. Subsection 4(2) of the Act is replaced
by the following:
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| Application
for recording
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(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.
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5. Section 6 of the Act is replaced by the
following:
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| Qualification
for owning
Canadian ship
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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,
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(a) a Commonwealth citizen ; or
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(b) a body corporate incorporated under the
law of a Commonwealth country and hav
ing its principal place of business in that
country.
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6. Subsections 7(1) to (3) of the Act are
replaced by the following:
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| Unregistered
ships
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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 .
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| Optional
registration in
Canada
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(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.
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| Compulsory
registration in
Canada
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(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.
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7. Section 8 of the Act is replaced by the
following:
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| Exemption
from registry
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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.
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8. Section 9 of the Act is repealed.
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9. Section 11 of the Act is replaced by the
following:
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| Survey and
measurement
of ship
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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.
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10. The portion of subsection 12(1) of the
Act before paragraph (a) is replaced by the
following:
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| Marking of
ship
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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:
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11. Subsection 28(1) of the Act is replaced
by the following:
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| Requiring
evidence of
ship's title
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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.
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12. Subsection 30(2) of the Act is replaced
by the following:
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| Conflicting
directions to
registrar
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(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.
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13. The portion of subsection 31(1) of the
Act before paragraph (a) is replaced by the
following:
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| How
declaration
made
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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
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14. The portion of subsection 36(1) of the
Act before paragraph (a) is replaced by the
following:
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| Provisional
certificate
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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
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15. Subsection 45(2) of the Act is replaced
by the following:
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| Form of
builder's
mortgage and
recording
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(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.
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16. The portion of subsection 54(3) of the
Act before paragraph (a) is replaced by the
following:
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| Transmission
of builder's
mortgage
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(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
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17. The heading before section 55 and
sections 55 to 62 of the Act are repealed.
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18. Section 79 of the Act is replaced by the
following:
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| Application of
fees
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79. Unless this Act provides otherwise, all
fees authorized to be taken under this Part
shall,
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(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
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(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.
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19. (1) Paragraphs 82(1)(a) and (b) of the
Act are replaced by the following:
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(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
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(b) on payment of such fee as the Governor
in Council may, by order, prescribe , obtain
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(i) a copy of the entries made in the
register book or record book respecting a
ship, or
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(ii) a copy of any declaration or docu
ment that is by subsection (2) declared
admissible in evidence,
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certified by the registrar to be a true copy of
the entries, declaration or document.
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(2) Subsection 82(2) of the Act is amended
by adding the following after paragraph
(a):
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(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;
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20. (1) Subsection 83(3) of the Act is
repealed.
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(2) Subsection 83(4) of the French version
of the Act is replaced by the following:
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| Instructions
aux
registraires et
jaugeurs de
navires
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(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.
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21. Section 88 of the Act is replaced by the
following:
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| Concealment
of Canadian
character
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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.
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| Offence
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(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.
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22. Section 90 of the Act is replaced by the
following:
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| Liabilities of
ships not
recognized as
Canadian
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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.
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23. The portion of subsection 93(1) of the
Act after paragraph (c) is replaced by the
following:
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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.
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| R.S., c. 6 (3rd
Supp.), s. 5
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24. Section 95 of the Act is repealed.
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| R.S., c. 6 (3rd
Supp.),
s. 87(F)
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25. Section 104 of the French version of
the Act is replaced by the following:
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| Jaugeurs de
navires et
règlements
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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.
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26. Section 106 of the French version of
the Act is replaced by the following:
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| Perception des
taxes de jauge
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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.
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27. Section 108 of the Act and the heading
before it are replaced by the following:
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| Licensing of
vessels
exempted
from registry
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108. (1) The Governor in Council may,
notwithstanding anything in this Part, make
regulations
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(a) providing for the licensing of vessels
that are exempted from registry under this
Act;
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(b) providing for the marking of licensed
vessels;
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(c) prescribing forms for licences and the
forms for applications for licences;
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(d) providing for the designation of persons,
bodies or agencies to be issuers of licences;
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(e) prescribing the fees to be paid for
licences;
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(f) providing for the disposition, notwith
standing the Financial Administration Act,
of licence fees collected by licence issuers;
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(g) prescribing the records to be kept and
returns to be made by licence issuers;
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(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;
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(i) prohibiting the operation of vessels that
are not licensed as required by regulations
made under this section; and
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(j) prescribing the maximum fine that may
be imposed in respect of the contravention
of any provision of a regulation made under
this section.
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| Offence
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(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.
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28. (1) Paragraph 109(1)(e) of the Act is
replaced by the following:
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(e) barges or other vessels having neither
masts, sails nor rigging and not being
mechanically-driven , and
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(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:
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| Definition of
``ship''
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109. (1) In this Part, ``ship'' does not
include pleasure craft of less than twenty
metres in length.
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29. (1) Paragraph 110(1)(b) of the Act is
replaced by the following:
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(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:
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| Regulations
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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
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(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;
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(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;
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