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| Regulations
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48. The Governor in Council may make
regulations
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(a) respecting the registration, listing and
recording of ships;
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(b) respecting the issuance and renewal of
certificates of registry;
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(c) respecting the suspension and
cancellation of the registration of a
Canadian ship;
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(d) respecting the naming and marking of
ships;
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(e) respecting the port of registration;
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(f) respecting the form and manner of
notifying the Chief Registrar of changes
under section 28;
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(g) respecting the evidence that owners of
ships previously registered in a foreign
country must provide to prove that the ships
are no longer registered in a foreign
country;
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(h) respecting the calculation of the tonnage
of ships and the issuance of certificates of
tonnage;
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(i) to implement the International
Convention on Tonnage Measurement of
Ships, 1969, signed at London on June 23,
1969, including any amendments,
whenever made, to the Annexes or
Appendix to that Convention;
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(j) respecting the payment of fees for
services provided in the administration of
this Part and prescribing the amount of the
fees;
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(k) prescribing anything that may be
prescribed under this Part; and
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(l) generally for carrying out the purposes
and provisions of this Part.
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| Regulations
- licensing
of
unregistered
vessels
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49. The Governor in Council may make
regulations
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(a) providing for the licensing of vessels
that are not registered under this Part and
the period of validity of the licences;
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(b) respecting the marking of licensed
vessels;
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(c) prescribing forms for licences and 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,
notwithstanding 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 owners or operators of a
licensed vessel to stop the vessel and to
produce its licence to a designated person;
and
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(i) prohibiting the operation of vessels that
are not licensed as required by regulations
made under this section.
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| Copies of
entries
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50. A person may examine or obtain copies
of any entries in the Register with respect to a
ship.
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| Documents
admissible in
evidence
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51. The following documents are
admissible as evidence in any court in Canada,
in the manner provided by this Act:
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(a) either of the following that purports to
be signed by the Chief Registrar or a
registrar:
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(i) a certified copy of any entry in the
Register, or
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(ii) in the case of electronic data, a
printout of any entry in the Register;
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(b) a certificate of registry or a provisional
certificate issued under this Part; and
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(c) every declaration made under this Part.
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| Contravention
of Act or
regulations
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52. (1) Every person commits an offence
who contravenes
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(a) subsection 16(2) (failure to register);
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(b) subsection 27(1) (failure to mark);
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(c) subsection 27(3) (maintenance of
markings);
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(d) subsection 27(4) (defacing, altering,
concealing or removing markings);
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(e) subsection 28(1) (failure to
notify - authorized representative);
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(f) subsection 28(2) (failure to notify of
alteration - authorized representative);
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(g) subsection 28(3) (failure to
notify - owner);
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(h) subsection 28(4) (failure to notify of
completion of construction);
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(i) subsection 33(1) (operation of ship
without a certificate on board);
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(j) subsection 33(2) (failure to deliver
certificate to person entitled to operate
ship);
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(k) subsection 33(3) (failure to deliver
certificate to Chief Registrar);
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(l) subsection 34(2) (failure to fly Canadian
flag);
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(m) an order made under subsection 22(4)
(renaming of ship); or
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(n) a provision of the regulations made
under this Part.
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| False or
misleading
information,
etc.
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(2) Every person commits an offence who,
for the purpose of applying for the
registration, listing or recording of a ship or
the registration of a mortgage under this Part
or of complying with this Part or the
regulations, provides any person with false or
misleading information.
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| Punishment
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(3) Every person who commits an offence
under subsection (1) or (2) is liable
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(a) on conviction on indictment,
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(i) if the offence is committed knowingly,
to a fine of not more than $50,000 or to
imprisonment for a term of not more than
two years, or to both, and
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(ii) if the offence is committed
negligently, to a fine of not more than
$10,000 or to imprisonment for a term of
not more than one year, or to both; and
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(b) on summary conviction,
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(i) if the offence is committed knowingly,
to a fine of not more than $10,000 or to
imprisonment for a term of not more than
six months, or to both, and
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(ii) if the offence is committed
negligently, to a fine of not more than
$5,000 or to imprisonment for a term of
not more than six months, or to both.
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| Continuing
offence
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(4) If an offence under this Part that arises
out of a contravention of subsection 16(2)
(failure to register) or 27(1) (failure to mark)
is committed or continued on more than one
day, the person who committed the offence is
liable to be convicted for a separate offence
for each day on which the offence is
committed or continued.
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| Words in
parentheses
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(5) The words in parentheses in paragraphs
(1)(a) to (m) and subsection (4) form no part
of those paragraphs but are inserted for
convenience of reference only.
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| Acquired
rights
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53. (1) Every ship registered in Canada
when this Part comes into force is deemed to
be registered under this Part until the ship's
ownership changes.
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| Expiry of
certificates of
registry
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(2) A certificate of registry issued under this
Act before this Part comes into force expires
no later than three years after this Part comes
into force.
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| Exemption
from
registration
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(3) A ship exempt from registration under
this Act before this Part comes into force
continues to be exempt until two years after
this Part comes into force.
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4. Section 273 of the Act is amended by
adding the following after subsection (2):
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| Special
purpose
personnel
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(2.1) Subsection (1) does not apply to
special purpose personnel on board a special
purpose ship.
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| R.S., c. 6 (3rd
Supp.), s. 35
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5. Section 314.1 of the Act is replaced by
the following:
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| Regulations
for non-Safety
Convention
ships
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314.1 The Governor in Council may make
regulations to implement, in whole or in part,
the provisions of the International Safety
Management Code of the Safety Convention
adopted by the International Maritime
Organization on November 4, 1993, as
amended from time to time, in respect of ships
other than Safety Convention ships.
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6. The Act is amended by adding the
following after section 317:
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| Inspections by
others
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317.1 The Minister may authorize any
person, classification society or other
organization to conduct inspections under this
Act, subject to this Act and the terms and
conditions that are specified by the Minister in
the instrument of authorization.
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| Powers
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317.2 A person, classification society or
other organization authorized under section
317.1 to conduct inspections does not have the
powers of a steamship inspector, but may issue
any certificate that may be issued by a
steamship inspector, other than an Exemption
Certificate.
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| Delivery of
report
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317.3 (1) A person, classification society or
other organization referred to in section 317.2
who does not issue a certificate may deliver
their report to a ship inspector.
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| Issuance of
certificates
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(2) A ship inspector may act on the report
and issue the appropriate inspection or Safety
Inspection certificates.
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| Immunity
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(3) A ship inspector is not liable by reason
only of issuing a certificate under subsection
(2).
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| R.S., c. 6 (3rd
Supp.), s. 39
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7. Section 319.1 of the Act is repealed.
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8. (1) Subsection 338(1) of the Act is
amended by adding the following after
paragraph (c):
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(c.1) the construction, servicing and repair
of life-saving equipment intended to carry
more than one person, including buoyant
apparatus, life-boats and life-rafts, to be
carried on vessels, the performance
standards for that equipment and the
markings required to appear on them so as
to show their dimensions and the number of
persons authorized to be carried on them;
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(c.2) the construction, servicing and repair
of flotation devices intended for the use of
only one person to be carried on vessels, and
the performance standards for those
devices;
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(2) Subsection 338(1) of the Act is
amended by adding the following after
paragraph (l):
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(m) personal flotation devices to be carried
and used on board vessels or classes of
vessels, including regulations defining the
expression ``personal flotation device'' and
regulations specifying who must use those
devices, and when they must be worn, while
a vessel is in operation;
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9. The Act is amended by adding the
following after section 379:
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