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| Externally
produced
material
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10. (1) A regulation made under this Act
may incorporate by reference material
produced by a person or body other than the
authority making the regulation, including
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(a) an organization established for the
purpose of writing standards, including an
organization accredited by the Standards
Council of Canada;
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(b) an industrial or trade organization; and
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(c) a government, government agency or
international body.
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| Reproduced
or translated
material
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(2) A regulation made under this Act may
incorporate by reference material that the
authority making the regulation reproduces or
translates from material produced by a person
or body other than that authority
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(a) with any adaptations of form and
reference that will facilitate the
incorporation of the material in the
regulation; or
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(b) in a form that sets out only the parts of
the material that apply for the purposes of
the regulation.
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| Jointly
produced
material
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(3) A regulation made under this Act may
incorporate by reference material that the
authority making the regulation produces
jointly with another government or
government agency for the purpose of
harmonizing the regulation with other laws.
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| Internally
produced
standards
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(4) A regulation made under this Act may
incorporate by reference technical or
explanatory material that the authority
making the regulation produces, such as
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(a) specifications, classifications,
illustrations, graphs and other information
of a technical nature; and
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(b) test methods, procedures, operational
standards, safety standards and
performance standards of a technical
nature.
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| Incorporation
as amended
from time to
time
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(5) Material may be incorporated by
reference as amended from time to time.
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| Incorporated
material is not
a regulation
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(6) Material that is incorporated by
reference in a regulation made under this Act
is not a regulation for the purposes of the
Statutory Instruments Act.
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| Authority
making
regulations
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(7) If a regulation is authorized to be made
by the Governor in Council, the minister who
recommends the making of it to the Governor
in Council is deemed to be an authority who is
authorized to make the regulation.
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| Defence
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11. No person or ship may be convicted of
an offence or subjected to a penalty for the
contravention of a provision of a regulation
made under this Act that incorporates material
by reference, unless it is proved that, at the
time of the alleged contravention,
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(a) the material was reasonably accessible
to the person or ship;
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(b) reasonable steps had been taken to
ensure that the material was accessible to
persons or ships likely to be affected by the
regulation; or
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(c) the material had been published in the
Canada Gazette.
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| Appointment
of Chief
Registrar
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12. The Minister is to appoint an officer to
be known as the Chief Registrar.
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| Duties of
Chief
Registrar
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13. (1) The Chief Registrar is responsible
for establishing and maintaining a register to
be known as the Canadian Register of Ships.
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| Records
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(2) The Register is to contain records of the
information and documents specified by the
Chief Registrar in respect of a Canadian ship,
including
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(a) its name and description;
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(c) its register tonnage;
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(d) the name and address of its owner; and
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(e) details of all mortgages registered in
respect of it.
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| Registrars
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14. (1) The Chief Registrar may appoint the
registrars that the Chief Registrar considers
necessary.
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| Duties of
registrars
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(2) A registrar is to perform the duties and
responsibilities that the Chief Registrar
assigns to the registrar.
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| Immunity
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15. The Chief Registrar and the registrars
are not personally liable for anything they do
or omit to do in good faith under this Act.
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| Mandatory
registration -
ships that
exceed 15
tons
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16. (1) Every ship that exceeds 15 tons gross
tonnage, is owned only by qualified persons
and is not registered in a foreign country must
be registered under this Part.
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| Obligation of
owner
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(2) Every owner of a ship described in
subsection (1) shall ensure that it is registered
under this Part.
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| Mandatory
registration -
government
ships
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(3) Every government ship that exceeds 15
tons gross tonnage must be registered under
this Part.
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| Optional
registration
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17. Unless they are registered in a foreign
country, the following ships may be registered
under this Part:
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(a) a ship that is owned only by qualified
persons and that does not exceed 15 tons
gross tonnage;
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(b) a ship that is owned by a corporation
incorporated under the laws of a country
other than Canada if one of the following is
acting with respect to all matters relating to
the ship, namely,
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(i) a subsidiary of the corporation that is
incorporated under the laws of Canada or
a province,
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(ii) an employee or director in Canada of
any branch office of the corporation that
is carrying on business in Canada, or
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(iii) a ship management company
incorporated under the laws of Canada or
a province; and
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(c) a ship that is in the exclusive possession
of a qualified person under a financing
agreement under which the person will
acquire ownership on completion of the
agreement.
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| Ships
registered in a
foreign
country
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18. A ship registered in a foreign country
that is bare-boat chartered exclusively to a
qualified person may be listed under this Part
as a bare-boat chartered ship for the duration
of the charter if, for the duration of the charter,
the registration is suspended in respect of the
right to fly the flag of that country.
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| Ships under
construction
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19. A ship that is about to be built or that is
under construction in Canada may be
temporarily recorded in the Register as a ship
being built in Canada.
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| Ships built
outside
Canada
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20. Notwithstanding sections 16, 17 and 18,
the Minister may direct the Chief Registrar to
refuse to register or list a ship built outside
Canada.
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| Application
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21. (1) An application for the registration,
listing or recording 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.
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| Further
evidence
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(2) In addition to the specified information
or documentation, the Chief Registrar may
require an applicant to provide evidence,
including declarations, that the Chief
Registrar considers necessary to establish that
a ship is required or entitled to be registered or
is entitled to be listed or recorded.
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| Name of ship
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22. (1) Every ship must be named in the
form and manner specified by the Chief
Registrar before being registered or listed.
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| Approval of
names
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(2) The Chief Registrar may, on
application, approve the name of a ship before
it is registered or listed and approve a change
in the name of a Canadian ship.
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| Disallowance
of names
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(3) The Chief Registrar must disallow any
name if
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(a) it is the same as the name of a Canadian
ship;
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(b) it is likely, in the opinion of the Chief
Registrar, to be confused with the name of
a Canadian ship or with a distress signal;
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(c) it is likely, in the opinion of the Chief
Registrar, to be offensive to members of the
public; or
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(d) its use is prohibited under any other Act
of Parliament.
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| Requiring
renaming
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(4) The Minister may order that a Canadian
ship be renamed if the Minister considers that
its name would prejudice the international
reputation of Canada.
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| Shares
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23. (1) For the purposes of registration, a
ship is divided into 64 shares.
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| Registered
owners
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(2) Subject to subsections (3) and (4), only
owners, or joint owners, of a ship or of one or
more shares in a ship may be registered in the
Register as owners of the ship or shares, as the
case may be.
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| Registered
owners -
financing
agreements
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(3) In the case of a ship described in
paragraph 17(c) (a ship subject to a financing
agreement), persons referred to in that
paragraph are to be registered in the Register
as the owners of the ships.
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| Bare-boat
charterers
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(4) In the case of a ship described in section
18 (a bare-boat chartered ship), no person is to
be registered in the Register as an owner of the
ship.
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| Registration
of joint
owners
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(5) No more than five persons may be
registered in the Register as joint owners of a
ship or a share in a ship.
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| Disposition of
registered
joint interests
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(6) A registered jointly owned interest in a
ship or a share in a ship may be disposed of
only by all of the joint owners.
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| Registration
of fractions
prohibited
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(7) No person may be registered as the
owner of a fractional part of a share in a ship.
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| No effect on
beneficial
owners
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(8) This section does not affect the
beneficial interests of a person represented by
or claiming through an owner of a ship or a
share in a ship.
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| Trusts not
recognized
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(9) No notice of a trust may be entered in the
Register.
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| Certificates of
registry
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24. (1) If the Chief Registrar is satisfied that
all of the requirements of registration or listing
have been met with respect to a ship, the Chief
Registrar must register or list the ship, as the
case may be, in the Register and issue a
certificate of registry.
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| Information
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(2) Every certificate of registry in respect of
a ship must contain the information specified
by the Chief Registrar, including
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(a) its name and description;
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(c) its register tonnage; and
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(d) the name and address of
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(i) in the case of a ship described in
paragraph 17(b) (a ship owned by a
foreign corporation), its authorized
representative,
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(ii) in the case of a ship described in
section 18 (a bare-boat chartered ship),
the bare-boat charterer, and
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(iii) in any other case, its owner.
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| Validity of
certificates of
registry
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(3) Certificates of registry are valid for the
period that the Minister specifies.
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| Provisional
certificates
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25. (1) The Chief Registrar may, on
application, issue a provisional certificate in
respect of a ship that is required or entitled to
be registered under this Part if the ship
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(a) is in a foreign port and a person intends
to register it under this Part; or
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(b) is in a port in Canada and the Chief
Registrar is satisfied that permission to
operate the ship should be granted before a
certificate of registry can be issued.
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| Issuance
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(2) The Chief Registrar may, on
application, issue a provisional certificate in
respect of a ship that is not required or entitled
to be registered under this Part if the Chief
Registrar is satisfied that the ship needs to
undergo sea trials.
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| Validity
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(3) A provisional certificate is valid for the
purpose and the period that the Chief Registrar
specifies.
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| Application
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(4) An application for a provisional
certificate must be made in the form and
manner and include the information and be
accompanied by the documents specified by
the Chief Registrar.
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| Lost
certificates
|
26. If a certificate of registry or provisional
certificate is mislaid, lost or destroyed, the
Chief Registrar, on application made by the
authorized representative of the ship in the
form and manner and including the
information and accompanied by the
documents specified by the Chief Registrar,
must issue a replacement certificate of
registry or provisional certificate, as the case
may be.
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