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| Certificates of
registry
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54. (1) If the Chief Registrar is satisfied that
all of the requirements of registration or listing
have been met with respect to a vessel, the
Chief Registrar must register or list the vessel,
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 vessel must contain the information
specified by the Chief Registrar, including
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(b) its official number; and
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(c) the name and address of
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(i) in the case of a vessel described in
paragraph 47(b) (a vessel owned by a
foreign corporation), the authorized
representative,
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(ii) in the case of a vessel described in
section 48 (a bare-boat chartered vessel),
the bare-boat charterer, and
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(iii) in any other case, its owner and the
authorized representative.
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| Period of
validity
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(3) Every certificate of registry is valid for
the period specified by the Chief Registrar.
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| Provisional
certificates
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55. (1) The Chief Registrar may, on
application, issue a provisional certificate in
respect of a vessel that is required or entitled
to be registered under this Part if
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(a) the vessel is in a foreign port and a
person intends to register it under this Part;
or
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(b) the vessel is in a port in Canada and the
Chief Registrar is satisfied that permission
to operate the vessel 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 vessel that is not required or
entitled to be registered under this Part if the
Chief Registrar is satisfied that the vessel
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 specified by the Chief
Registrar.
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| Application
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(4) An application for a provisional
certificate must be made in the form and
manner, include the information and be
accompanied by the documents specified by
the Chief Registrar.
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| Lost
certificates
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56. If a certificate of registry or provisional
certificate is mislaid, lost or destroyed, the
Chief Registrar must issue a replacement
certificate of registry or provisional
certificate, as the case may be, on application
made by the authorized representative in the
form and manner and including the
information and accompanied by the
documents specified by the Chief Registrar.
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| Marking
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57. (1) The authorized representative of a
Canadian vessel shall, in the form and manner
specified by the Chief Registrar, mark the
vessel with 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 vessel's certificate of registry is not
valid until the vessel 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 vessel is kept marked.
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| Defacing, etc.,
markings
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(4) No person shall wilfully deface, alter,
conceal or remove the markings of a Canadian
vessel.
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| Notification
of changes
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58. (1) The authorized representative of a
Canadian vessel shall notify the Chief
Registrar within 30 days after any of the
following occurs:
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(a) the vessel is lost, wrecked or removed
from service;
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(b) there has been a change in the owner's,
the authorized representative's or a
registered mortgagee's name or address;
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(c) the information provided with the
application under section 51 has changed;
or
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(d) in the case of a vessel described in
section 48 (a bare-boat chartered vessel),
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(i) the right to fly the flag of the foreign
state is reinstated, or
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(ii) the charterer ceases to have complete
control and possession of the vessel.
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| Notification
of alterations
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(2) If a Canadian vessel 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 shall, within 30 days after the
alteration, notify the Chief Registrar and
provide the Chief Registrar with the relevant
information and documents.
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| Notification
of changes
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(3) If for any reason a Canadian vessel does
not have an authorized representative, its
owner shall
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(a) notify the Chief Registrar of that fact as
soon as possible in the circumstances; and
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(b) notify the Chief Registrar within 30 days
after any event 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 vessel that is recorded as
being built in Canada, the person in whose
name the vessel 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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59. 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 58 or to correct
any clerical errors or obvious mistakes.
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| Suspension
and
cancellation
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60. (1) Subject to the regulations, the Chief
Registrar may suspend or cancel the
registration or listing of a Canadian vessel if
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(a) it is not marked in accordance with
subsection 57(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) section 58 has not been complied with.
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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 vessel 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 vessel, a
tonnage certificate provided by a tonnage
measurer indicates that the vessel should be
re-registered.
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| Notice before
cancellation
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(3) If a Canadian vessel 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 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
vessel or shares in the vessel to a qualified
person or to make an application under
section 74.
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| Cancellation
of registration
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(4) Except in the case of a vessel described
in paragraph 47(c) (a vessel subject to a
financing agreement), the Chief Registrar
must cancel the registration of a vessel if a
person who acquires the vessel or a share in it
does not, within the prescribed period, provide
evidence that satisfies the Chief Registrar that
the vessel is required or entitled to be
registered under this Part.
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| Registration
of mortgages
not affected
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61. The cancellation of the registration of a
vessel does not affect the registration of
mortgages in respect of the vessel.
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| Reinstatement
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62. The Chief Registrar may reinstate the
registration or listing of a vessel if, in the Chief
Registrar's opinion, the registration or listing
of the vessel should not have been cancelled.
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| Carrying on
board
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63. (1) Subject to subsection (3), no person
shall operate a vessel in respect of which a
certificate of registry or provisional certificate
has been issued unless the certificate is on
board.
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| Delivery of
certificate
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(2) A person who is in possession of a
vessel's certificate of registry or provisional
certificate shall deliver it to the person who is
entitled to operate the vessel.
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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 vessel that is claimed by an owner, a
mortgagee, a charterer or an operator of the
vessel, or by any other person.
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| Right to fly
Canadian flag
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64. (1) A Canadian vessel has the right to fly
the Canadian flag.
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| Obligation to
fly flag
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(2) The master of a Canadian vessel, other
than one registered in the small vessel register,
shall ensure that it flies the Canadian flag
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(a) when signalled to do so by a government
vessel or a vessel 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 vessel in respect of the right to fly
the Canadian flag while the vessel is shown on
the registry of a foreign state as a bare-boat
chartered vessel.
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| Mortgage of
vessel or share
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65. (1) The owner of a vessel registered
under this Part other than in the small vessel
register, of a share in such a vessel or of a
vessel recorded as being built in Canada may
give the vessel 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
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(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
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(3) A mortgage is to be registered in the
order in which it is filed, indicating the date
and time of registration.
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| Entry of
discharge of
mortgage
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66. 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
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67. (1) If more than one mortgage is
registered in respect of the same vessel or
share in a vessel, a mortgage registered before
another mortgage has priority over that other
mortgage.
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| Consent to
change in
priority
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(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
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68. A mortgage of a vessel or a share in a
vessel does not have the effect of the
mortgagee becoming, or the mortgagor
ceasing to be, the owner of the vessel, except
to the extent necessary to make the vessel or
share available as security under the
mortgage.
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| Mortgagee
has power of
sale
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69. (1) A mortgagee of a vessel or a share in
a vessel has the absolute power, subject to any
limitation set out in the registered mortgage,
to sell the vessel or the share.
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| Restriction
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(2) If there is more than one registered
mortgage of the same vessel or share, a
subsequent mortgagee may not, except under
an order of the Federal Court or of a court of
competent jurisdiction whose rules provide
for in rem procedure in respect of vessels, sell
the vessel or share without the agreement of
every prior mortgagee.
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| Mortgage not
affected by
bankruptcy
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70. The mortgage of a vessel or a share in a
vessel 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
vessel or share of the other creditors of the
bankrupt or any trustee or assignee on their
behalf.
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| Transfer of
mortgages
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71. (1) A registered mortgage of a vessel or
a share in a vessel may be transferred to any
person, in which case the instrument effecting
the transfer must be filed in the form and
manner specified by the Chief Registrar.
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| Entry of
particulars
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(2) The Chief Registrar is to enter the
particulars of the transfer in the Register.
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| Transmission
of interest of
mortgagee
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72. (1) If the interest of a mortgagee in a
vessel or a share in a vessel is transmitted on
death or bankruptcy, or by any lawful means
other than by a transfer under section 71, 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
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(2) The Chief Registrar is to enter the
particulars of the transmission in the Register.
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