|
|
(c) respecting the form and manner of
giving notice under Part 5 (Navigation
Services), 7 (Wreck), 8 (Pollution
Prevention and Response - Department of
Fisheries and Oceans) or 10 (Pleasure
Craft); and
|
|
|
|
(d) respecting the setting and payment of
fees for services provided in the
administration of Part 5 (Navigation
Services), 7 (Wreck), other than section
163, 8 (Pollution Prevention and
Response - Department of Fisheries and
Oceans) or 10 (Pleasure Craft) or the
regulations made under any of those Parts.
|
|
|
|
|
|
| Debt due to
Her Majesty
|
36. (1) All fees imposed under paragraph
35(1)(g) or (3)(d) and interest payable on
those fees constitute a debt due to Her Majesty
in right of Canada and may be recovered in
any court of competent jurisdiction.
|
|
| Payment of
fees
|
(2) If a fee is imposed under paragraph
35(1)(g) or (3)(d)
|
|
|
|
(a) in respect of a pleasure craft that is not
a Canadian vessel, its owner is liable for
payment of the fee and any interest payable
on it;
|
|
|
|
(b) in respect of a Canadian vessel, the
authorized representative and the master
are jointly and severally or solidarily liable
for payment of the fee and any interest
payable on it; and
|
|
|
|
(c) in respect of a foreign vessel, its owner
and the authorized representative are
jointly and severally or solidarily liable for
payment of the fee and any interest payable
on it.
|
|
| Seizure and
detention for
charges
|
(3) If the amount of a fee, or of interest due
on it, owed by an authorized representative of
a Canadian vessel or by the owner of a foreign
vessel, has not been paid, the Minister who
recommended making the regulation under
paragraph 35(1)(g) or (3)(d) may, in addition
to any other remedy available for the
collection of the amount and whether or not a
judgment for the collection of the amount has
been obtained, apply to the Federal Court for
an order authorizing that Minister to seize,
detain and sell any vessel belonging to the
authorized representative or the owner, as the
case may be. The Court may make the order on
the terms that the Court considers appropriate.
|
|
| Release on
security
|
(4) A Minister who obtains an order under
subsection (3) must release a seized vessel
from detention if security in a form
satisfactory to that Minister for the amount in
respect of which the vessel was seized is
deposited with the Minister.
|
|
|
|
|
|
| Contravention
of section 23
|
37. Every person who contravenes section
23 (destruction of documents, fraud,
obstruction, false or misleading information
or statement, movement of detained vessel)
commits an offence and is liable on summary
conviction to a fine of not more than
$1,000,000 or to imprisonment for a term of
not more than 18 months, or to both.
|
|
| Contravention
of regulations
made under
paragraph
35(1)(d) or
(3)(a)
|
38. (1) Every person who, or vessel or oil
handling facility that, contravenes a provision
of the regulations made under paragraph
35(1)(d) or (3)(a) commits an offence and is
liable on summary conviction to a fine of not
more than $1,000,000 or to imprisonment for
a term of not more than 18 months, or to both.
|
|
| Exception
|
(2) If a court sentencing a person, vessel or
oil handling facility under subsection (1) for
contravening a provision of the regulations
made under paragraph 35(1)(d) or (3)(a) is of
the opinion that the provision that the person,
vessel or facility contravened is equivalent to
a provision of the regulations made under
another provision of this Act and if the
punishment provided under this Act for
contravening that provision of the regulations
is less than the punishment provided under
subsection (1), the person, vessel or oil
handling facility is liable to that lesser
punishment.
|
|
| Contravention
of Act
|
39. (1) Every person commits an offence
who contravenes
|
|
|
|
(a) subsection 17(2) (improper possession
of a Canadian maritime document); or
|
|
|
|
(b) subsection 28(7) (inform Chair without
delay).
|
|
| 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.
|
|
| Contravention
of Act or
regulations
|
40. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
|
|
|
|
(a) subsection 16(3) (cheating on an exam);
|
|
|
|
(b) section 18 (failure to produce Canadian
maritime document);
|
|
|
|
(c) subsection 20(7) (failure to return
suspended or cancelled Canadian maritime
document); and
|
|
|
|
(d) a provision of the regulations made
under paragraph 35(1)(e) or (3)(b).
|
|
| Punishment
|
(2) Every person who, or vessel that,
commits an offence under subsection (1) is
liable on summary conviction to a fine of not
more than $10,000.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Definition of
``Minister''
|
41. In this Part, ``Minister'' means the
Minister of Transport.
|
|
|
|
|
|
| Appointment
of Chief
Registrar
|
42. An officer, to be known as the Chief
Registrar, is to be appointed or deployed under
the Public Service Employment Act.
|
|
| Duties and
powers of
Chief
Registrar
|
43. (1) The Chief Registrar is responsible
for establishing and maintaining a register to
be known as the Canadian Register of Vessels.
The Chief Registrar is to divide the Register
into parts, including a small vessel register, for
the classes of vessels that the Chief Registrar
specifies.
|
|
| Records
|
(2) The Register is to contain records of the
information and documents specified by the
Chief Registrar in respect of a Canadian
vessel, including its description, its official
number, the name and address of its owner
and, except in the case of a vessel registered in
the small vessel register, details of all
mortgages registered in respect of it.
|
|
| Registrars
|
44. (1) The Chief Registrar may appoint the
registrars that the Chief Registrar considers
necessary.
|
|
| Duties of
registrars
|
(2) A registrar is to perform the duties and
fulfil the responsibilities that the Chief
Registrar assigns to the registrar.
|
|
| Immunity
|
45. The Chief Registrar and the registrars
are not personally liable for anything they do
or omit to do in good faith under this Act.
|
|
|
|
|
|
| Mandatory
registration of
vessels
|
46. (1) A vessel must be registered under
this Part if it
|
|
|
|
(a) is not a pleasure craft;
|
|
|
|
(b) is wholly owned by qualified persons;
and
|
|
|
|
(c) is not registered, listed or otherwise
recorded in a foreign state.
|
|
| Obligation of
owner
|
(2) Every owner of a vessel described in
subsection (1) shall ensure that it is registered
under this Part.
|
|
| Mandatory
registration -
government
vessels
|
(3) Every government vessel must be
registered under this Part.
|
|
| Optional
registration
|
47. Unless they are registered, listed or
otherwise recorded in a foreign state, the
following vessels may be registered under this
Part:
|
|
|
|
(a) a pleasure craft that is wholly owned by
qualified persons;
|
|
|
|
(b) a vessel that is owned by a corporation
incorporated under the laws of a foreign
state if one of the following is acting with
respect to all matters relating to the vessel,
namely,
|
|
|
|
(i) a subsidiary of the corporation
incorporated under the laws of Canada or
a province,
|
|
|
|
(ii) an employee or a director in Canada
of a branch office of the corporation that
is carrying on business in Canada, or
|
|
|
|
(iii) a ship management company
incorporated under the laws of Canada or
a province; and
|
|
|
|
(c) a vessel 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.
|
|
| Bare-boat
chartered
vessels
|
48. A vessel that is registered in a foreign
state and that is bare-boat chartered
exclusively to a qualified person may be listed
under this Part as a bare-boat chartered vessel
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 state.
|
|
| Vessels under
construction
|
49. A vessel that is about to be built or that
is under construction in Canada may be
temporarily recorded in the Register as a
vessel being built in Canada.
|
|
| Vessels built
outside
Canada
|
50. Notwithstanding sections 46 to 48, the
Minister may direct the Chief Registrar to
refuse to register or list a vessel built outside
Canada.
|
|
|
|
|
|
| Application
|
51. (1) An application for the registration,
listing or recording of a vessel must be made
in the form and manner, include the
information and be accompanied by the
documents specified by the Chief Registrar.
|
|
| Further
evidence
|
(2) In addition to the specified information
and documents, the Chief Registrar may
require an applicant to provide evidence,
including declarations, that the Chief
Registrar considers necessary to establish that
a vessel is required or entitled to be registered
or is entitled to be listed or recorded.
|
|
|
|
|
|
| Before
registration or
listing
|
52. (1) Every vessel, other than one to be
registered in the small vessel register, must be
named in the form and manner specified by
the Chief Registrar before it is registered or
listed.
|
|
| Approval of
names
|
(2) The Chief Registrar may, on
application, approve the name of a vessel
before it is registered or listed and approve a
change in the name of a Canadian vessel.
|
|
| Disallowance
of names
|
(3) The Chief Registrar must disallow a
name if
|
|
|
|
(a) it is the same as the name of a Canadian
vessel;
|
|
|
|
(b) it is likely, in the opinion of the Chief
Registrar, to be confused with the name of
a Canadian vessel or with a distress signal;
|
|
|
|
(c) it is likely, in the opinion of the Chief
Registrar, to be offensive to members of the
public; or
|
|
|
|
(d) its use is prohibited under an Act of
Parliament.
|
|
| Requiring
renaming
|
(4) The Minister may order that a Canadian
vessel be renamed if the Minister considers
that its name would prejudice the international
reputation of Canada.
|
|
|
|
|
|
| Shares
|
53. (1) For the purposes of registration, the
property in a vessel is divided into 64 shares.
|
|
| Registered
owners
|
(2) Subject to subsections (3) and (4), only
owners or joint owners of a vessel or of one or
more shares in a vessel may be registered in
the Register as owners of the vessel or shares,
as the case may be.
|
|
| Registered
owners -
financing
agreements
|
(3) In the case of a vessel described in
paragraph 47(c) (a vessel subject to a
financing agreement), the persons referred to
in that paragraph are to be registered in the
Register as the owners of the vessel.
|
|
| Bare-boat
charterers
|
(4) In the case of a vessel described in
section 48 (a bare-boat chartered vessel), no
person may be registered in the Register as an
owner of the vessel.
|
|
| Registration
of joint
owners
|
(5) No more than five persons may be
registered in the Register as joint owners of a
vessel or a share in a vessel.
|
|
| Disposition of
registered
joint interests
|
(6) A registered jointly owned interest in a
vessel or a share in a vessel may be disposed
of only by the joint owners acting together.
|
|
| Registration
of fractions
prohibited
|
(7) No person may be registered as the
owner of a fractional part of a share in a vessel.
|
|
| No effect on
beneficial
owners
|
(8) This section does not affect the
beneficial interests of a person represented by
or claiming through an owner of a vessel or a
share in a vessel.
|
|
| Trusts not
recognized
|
(9) No notice of a trust may be entered in the
Register.
|
|