Transfers of Vessels or Shares in Vessels

Transfer

73. If the ownership of a Canadian vessel or a share in one changes and the vessel is still required or entitled to be registered under this Part,

    (a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the vessel is required or entitled to be so registered; and

    (b) the Chief Registrar must amend the Register and the vessel's certificate of registry to reflect the change.

Order for sale on acquisition by an unqualified person

74. If an unqualified person acquires a Canadian vessel, other than a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), a vessel described in paragraph 47(c) (a vessel subject to a financing agreement) or a vessel described in section 48 (a bare-boat chartered vessel), 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 vessels, for an order that the vessel or share, as the case may be, be sold to a qualified person.

Power of court to prohibit transfer

75. On the application of an interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, may make an order prohibiting any dealing with a Canadian vessel or a share in one for a specified period.

Entries

Copies of entries

76. A person may examine or obtain copies of any entries in the Register with respect to a vessel.

Regulations

Regulations

77. The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

    (a) respecting the registration, listing and recording of vessels;

    (b) respecting the issuance and renewal of certificates of registry;

    (c) respecting the suspension and cancellation of the registration or listing of a Canadian vessel;

    (d) respecting the naming and marking of vessels;

    (e) respecting the port of registration;

    (f) respecting the form and manner of notifying the Chief Registrar under section 58;

    (g) respecting the evidence that owners of vessels previously registered in a foreign state must provide to prove that the vessels are no longer registered in the foreign state;

    (h) respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and

    (i) prescribing anything that may be prescribed under this Part.

Offences and Punishment

Contraven-
tion of Act or regulations

78. (1) Every person commits an offence who contravenes

    (a) subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or

    (b) a provision of the regulations made under paragraph 77(h).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Contraven-
tion of Act or regulations

79. (1) Every person commits an offence who contravenes

    (a) subsection 46(2) (register vessel);

    (b) an order made under subsection 52(4) (renaming of vessel);

    (c) subsection 57(1) (mark vessel);

    (d) subsection 57(3) (maintenance of markings);

    (e) subsection 58(1) (notify of changes - authorized representative);

    (f) subsection 58(2) (notify of alteration - authorized representative);

    (g) subsection 58(3) (notify if no authorized representative - owner);

    (h) subsection 58(4) (notify of completion of construction);

    (i) subsection 63(1) (operation of vessel without a certificate on board);

    (j) subsection 63(2) (deliver certificate to person entitled to operate vessel);

    (k) subsection 63(3) (deliver certificate to Chief Registrar);

    (l) subsection 64(2) (fly Canadian flag); or

    (m) a provision of the regulations made under any of paragraphs 77(a) to (g).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.

Continuing offence

(3) If an offence under paragraph (1)(a) or (c) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.

PART 3

PERSONNEL

Interpretation

Definition of ``Minister''

80. In this Part, ``Minister'' means the Minister of Transport.

Application

Canadian vessels

81. This Part applies in respect of Canadian vessels, other than pleasure craft, everywhere. Subsections 86(2) to (4) also apply in respect of foreign vessels in Canadian waters.

Masters

Presentation of documents

82. (1) The master of a Canadian vessel shall ensure that every person who is employed in a position on board presents to the master all Canadian maritime documents that they are required under this Part to have for that position.

Sufficient and competent staff

(2) No master of a Canadian vessel shall operate it unless it is staffed with a crew that is sufficient and competent for the safe operation of the vessel on its intended voyage, and is kept so staffed during the voyage.

Obstruction prohibited

(3) No crew member shall wilfully obstruct a master's operation of a Canadian vessel unless the master is, without just cause, putting at risk the safety of the vessel or of any person on board.

Detention of persons

83. (1) The master of a Canadian vessel may detain any person on board if the master has reasonable grounds to believe that it is necessary to do so to maintain good order and discipline on the vessel or for the safety of the vessel or of persons or property on board. The detention may last only as long as necessary to maintain order and discipline or to ensure the safety of persons or property.

Custody

(2) The master of a Canadian vessel on a voyage may take into custody without warrant any person on board who the master has reasonable grounds to believe has committed an offence under this Act or any other Act of Parliament, and must as soon as feasible deliver that person to a peace officer.

Use of force on a voyage

(3) The master of a Canadian vessel on a voyage is justified in using as much force as the master believes on reasonable grounds is necessary for the purpose of maintaining good order and discipline on the vessel, but the master must not use force that is intended or is likely to cause death or grievous bodily harm unless the master believes on reasonable grounds that it is necessary for self-preservation or the preservation of anyone on the vessel from death or grievous bodily harm.

Stowaways and Other Persons

Liable for discipline

84. Every person whom the master of a Canadian vessel is compelled to take on board and convey, and every person who stows away on a Canadian vessel or hides in cargo that is subsequently loaded on a Canadian vessel, is, as long as the person remains on board, subject to the same rules and orders for preserving discipline, and to the same punishments for contravening the rules or orders constituting or tending to a breach of discipline, as are crew members.

Contract of Employment

Masters' contracts

85. (1) In every contract of employment between the authorized representative and the master of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage.

Crew members' contracts

(2) In every contract of employment between the authorized representative and a crew member of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative, the master and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage.

Exception

(3) Nothing in this section subjects the authorized representative of a Canadian vessel to any liability by reason of the vessel's being sent to sea in an unseaworthy condition if sending the vessel to sea in that condition was reasonable and justifiable in order to mitigate unsafe circumstances.

Liens and Claims

Liens

86. (1) The master, and each crew member, of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of their employment on the vessel, including in respect of wages and costs of repatriation that are payable to the master or crew member under any law or custom.

Foreign liens

(2) The master and each crew member of a vessel on whom a maritime lien against the vessel is conferred by a jurisdiction other than Canada in respect of employment on the vessel has a maritime lien against the vessel.

Liens for necessaries

(2.1) The master of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of disbursements made or liabilities incurred by the master for necessaries on account of the vessel.

Claims

(3) The master, and each crew member, of a vessel may maintain an action against the vessel in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for claims in respect of which a lien is conferred by subsection (1), (2) or (2.1) .

Priority

(4) Liens conferred by subsection (1) or (2) rank in priority to all other claims, secured or unsecured, against the vessel, other than

    (a) claims for costs relating to the arrest and the judicial sale of the vessel; or

    (b) any lien arising from a claim for salvage in respect of the vessel.

Priority - liens for necessaries

(5) Liens conferred by subsection (2.1) rank in priority to all other claims, secured or unsecured, against the vessel, other than

    (a) liens conferred by subsection (1) or (2);

    (b) claims for costs relating to the arrest and the judicial sale of the vessel; or

    (c) any lien arising from a claim for salvage in respect of the vessel.

Certificates

Positions on board Canadian vessels

87. Every person who is employed on board a Canadian vessel in a position in respect of which a certificate is required under this Part shall hold the certificate and comply with its terms and conditions.

Eligibility

88. (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration Act may hold a certificate of competency that is issued under this Part.

Foreign certificates of competency

(2) The Minister may, on application by a person described in subsection (1), issue a certificate of competency in respect of certain requirements under this Act to the holder of a certificate of competency that was issued under the laws of a foreign state if the Minister is satisfied that the requirements under those laws for the foreign certificate meet or exceed the requirements under this Act. Before issuing the certificate, the Minister may require that the holder take an examination set by the Minister.

Acceptance of foreign certificates

89. (1) If the government of a foreign state has entered into a reciprocal arrangement with the Government of Canada to accept certificates of competency issued under this Part in lieu of certificates of competency of that state and if the Minister is satisfied that the requirements under the laws of the foreign state for a certificate of competency meet or exceed the requirements under this Act, the Minister may direct, subject to any conditions that the Minister specifies, that the foreign certificate may be accepted in lieu of a certificate of competency issued under this Part.

Suspension or cancellation

(2) A foreign certificate that is accepted under subsection (1) may, in so far only as concerns its validity in Canada, be suspended or cancelled by the Minister as though it were a Canadian maritime document, and the holder of any certificate so suspended or cancelled must deliver it to the Minister, who must then return it to the authority that issued it.