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| Marking
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27. (1) The authorized representative of a
Canadian ship shall, in the form and manner
specified by the Chief Registrar, mark the ship
with its name, its register tonnage, its official
number and any other information that the
Chief Registrar specifies.
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| Validity of
certificate of
registry
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(2) A ship's certificate of registry is not
valid until the ship has been marked in
accordance with subsection (1).
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| Maintenance
of markings
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(3) The authorized representative shall
ensure that the ship is kept marked.
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| Defacing, etc.,
markings
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(4) No person shall deface, alter, conceal or
remove the markings of a Canadian ship.
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| Notification
of changes
|
28. (1) The authorized representative of a
Canadian ship shall notify the Chief Registrar
within 30 days after any of the following
occurs:
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(a) the ship is lost, wrecked or removed
from service;
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(b) there has been a change in the owner's
or a registered mortgagee's name or
address;
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(c) there has been a change in the
information provided with the application
under section 21; or
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(d) in the case of a ship described in section
18 (a bare-boat chartered ship),
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(i) the right to fly the flag of the foreign
country is reinstated, or
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(ii) the charterer ceases to have complete
control and possession of the ship.
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| Notification
of alterations
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(2) If a Canadian ship is altered to the extent
that it no longer corresponds with its
description or particulars set out on the
certificate of registry, the authorized
representative of the ship shall
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(a) notify the Chief Registrar within 30 days
after the alteration; and
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(b) arrange for a new tonnage certificate to
be provided to the Chief Registrar.
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| Notification
of changes
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(3) If for any reason a Canadian ship does
not have an authorized representative, its
owner shall notify the Chief Registrar
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(a) of that fact as soon as possible in the
circumstances; and
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(b) within 30 days after any of the events
referred to in subsection (1) or (2) occurs.
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| Notification
of completion
of
construction
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(4) Within 30 days after completion of the
construction of a ship that is recorded as being
built in Canada, the person in whose name the
ship is recorded shall notify the Chief
Registrar of that fact and of the name and
address of its owner.
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| Amendments
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29. The Chief Registrar may amend the
Register or a certificate of registry to give
effect to changes of which the Chief Registrar
has been notified under section 28 or to correct
any clerical errors or obvious mistakes.
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| Suspension
and
cancellation
|
30. (1) Subject to the regulations, the Chief
Registrar may suspend or cancel the
registration or listing of a Canadian ship if
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(a) it is not marked in accordance with
subsection 27(1);
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(b) its certificate of registry has expired;
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(c) it does not have an authorized
representative; or
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(d) its authorized representative has not
complied with section 28.
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| Cancellation
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(2) Subject to the regulations, the Chief
Registrar must cancel the registration or
listing of a Canadian ship if
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(a) it has been lost, wrecked or removed
from service;
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(b) it is no longer required or entitled to be
registered or entitled to be listed under this
Part; or
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(c) in the case of a registered ship, a tonnage
certificate provided by a tonnage measurer
indicates that the ship should be
re-registered.
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| Notice before
cancellation
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(3) If a Canadian ship is not required or
entitled to be registered under this Part after its
ownership changes, the Chief Registrar must,
before cancelling its registration under
paragraph (2)(b), give the owners and
registered mortgagees
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(a) notice, in accordance with the
regulations, of the change in ownership;
and
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(b) an opportunity that, in the opinion of the
Chief Registrar, is sufficient to transfer the
ship or shares to a qualified person or to
make an application under section 46.
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| Cancellation
of registration
|
(4) Except in the case of a ship described in
paragraph 17(c) (a ship subject to a financing
agreement), the Chief Registrar must cancel
the registration of a ship if a person who
acquires the ship or a share in it does not,
within the prescribed period, provide
evidence that satisfies the Chief Registrar that
the ship is required or entitled to be registered
under this Part.
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| Registration
of mortgages
not affected
|
31. The cancellation of the registration of a
ship does not affect the registration of
mortgages in respect of the ship.
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| Reinstatement
|
32. The Chief Registrar may reinstate the
registration or listing of a ship if, in the Chief
Registrar's opinion, the registration or listing
of the ship should not have been cancelled.
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| Carrying on
board ship
|
33. (1) Subject to subsection (3), no person
shall operate a ship in respect of which a
certificate of registry or provisional certificate
has been issued unless the certificate is on
board the ship.
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| Delivery of
certificate
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(2) A person who is in possession of a ship's
certificate of registry or provisional certificate
shall deliver it to the person who is entitled to
operate the ship.
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| Delivery of
certificate
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(3) A person who is in possession of a
certificate of registry or a provisional
certificate issued under this Part shall deliver
it to the Chief Registrar on request.
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| Detention of
certificate
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(4) A certificate of registry or provisional
certificate is not subject to detention because
of any title to, lien on, charge on or interest in
the ship that is claimed by an owner,
mortgagee, charterer or operator of the ship, or
by any other person.
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| Right to fly
Canadian flag
|
34. (1) A Canadian ship has the right to fly
the Canadian flag.
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| Obligation to
fly flag
|
(2) The master of a Canadian ship shall fly
the Canadian flag
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(a) when signalled to do so by a government
ship or a ship under the command of the
Canadian Forces; or
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(b) when entering or leaving, or while
moored at or anchored in, a port.
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| Exception
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(3) The Chief Registrar may, on
application, suspend the registration of a
Canadian ship in respect of the right to fly the
Canadian flag while the ship is shown on the
registry of a foreign country as a bare-boat
chartered ship.
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| Appointment
of tonnage
measurers
|
35. The Minister may appoint persons, to be
known as tonnage measurers, to calculate
ships' tonnage.
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| Fees and
travel
expenses
|
36. A tonnage measurer may withhold the
tonnage certificate in respect of a ship until the
person requesting it pays the tonnage
measurer's fees and travel expenses. The
Minister may set limits on the fees and travel
expenses that may be charged.
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| Mortgage of
ship or share
|
37. (1) The owner of a ship registered under
this Part, of a share in one or of a ship recorded
as being built in Canada may give the ship or
share, as the case may be, as security for a
mortgage to be registered under this Part.
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| Filing of
mortgage
|
(2) A mortgage is to be filed with the Chief
Registrar in the form and manner specified by
the Chief Registrar.
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| Date and time
of registration
|
(3) A mortgage is to be registered in the
order in which it is filed, indicating the date
and time of the registration.
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| Entry of
discharge of
mortgage
|
38. On receipt of satisfactory evidence that
a mortgage has been discharged, the Chief
Registrar is to enter the discharge in the
Register.
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| Priority of
mortgages
|
39. (1) If more than one mortgage is
registered in respect of the same ship or share
in a ship, the priority among the mortgages is
according to the date and time of registration.
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| Consent to
change in
priority
|
(2) The priority of mortgages may be
changed if all of the mortgagees file their
written consent with the Chief Registrar.
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| Mortgagee
not treated as
owner
|
40. A mortgage of a ship or a share in a ship
does not have the effect of the mortgagee
becoming, or the mortgagor ceasing to be, the
owner of the ship, except to the extent
necessary to make the ship or share available
as security under the mortgage.
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| Mortgagee
has power of
sale
|
41. (1) A mortgagee of a ship or a share in
a ship has the power, to the extent set out in the
mortgage, to sell the ship or the share.
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| Restriction
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(2) If there is more than one registered
mortgage of the same ship or share, a
subsequent mortgagee may not, except under
the order of the Federal Court or of a court of
competent jurisdiction whose rules provide
for in rem procedure in respect of ships, sell
the ship or share without the agreement of
every prior mortgagee.
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| Mortgage not
affected by
bankruptcy
|
42. The mortgage of a ship or a share in a
ship is not affected by the bankruptcy of the
mortgagor after the date of the registration of
the mortgage, and the mortgage is to be
preferred to any right, claim or interest in the
ship or share of the other creditors of the
bankrupt or any trustee or assignee on their
behalf.
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| Transfer of
mortgages
|
43. (1) A registered mortgage of a ship or a
share in a ship may be transferred to any
person, in which case the instrument effecting
the transfer must by filed in the form and
manner specified by the Chief Registrar.
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| Entry of
particulars
|
(2) The Chief Registrar is to enter the
particulars of the transfer in the Register.
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| Transmission
of interest of
mortgagee
|
44. (1) If the interest of a mortgagee in a
ship or a share in a ship is transmitted on death
or bankruptcy, or by any lawful means other
than by a transfer under section 43, the person
to whom the interest is transmitted must file
with the Chief Registrar the evidence of the
transmission that the Chief Registrar
specifies.
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| Entry of
particulars
|
(2) The Chief Registrar is to enter the
particulars of the transmission in the Register.
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| Transfer
|
45. If the ownership of a Canadian ship or
a share in one changes and the ship is still
required or entitled to be registered under this
Part,
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(a) the owner must provide the Chief
Registrar with the evidence, including
declarations, that the Chief Registrar
considers necessary to establish that the
ship is required or entitled to be registered;
and
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(b) the Chief Registrar must amend the
Register and the ship's certificate of
registry to reflect the change.
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| Order for sale
on acquisition
by an
unqualified
person
|
46. If an unqualified person acquires a
Canadian ship, other than a ship described in
paragraph 17(b) (a ship owned by a foreign
corporation), a ship described in paragraph
17(c) (a ship subject to a financing agreement)
or a ship described in section 18 (a bare-boat
chartered ship), or a share in one, any
interested person may apply to the Federal
Court, or any court of competent jurisdiction
whose rules provide for in rem procedure in
respect of ships, for an order that the ship or
share, as the case may be, be sold to a qualified
person.
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| Power of
court to
prohibit
transfer
|
47. On the application of any interested
person, the Federal Court, or any court of
competent jurisdiction whose rules provide
for in rem procedure in respect of ships, may
make an order prohibiting for a specified
period any dealing with a Canadian ship or a
share in one.
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