Bill C-15
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RECOMMENDATION |
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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend the Canada Shipping Act and to make consequential
amendments to other Acts''.
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SUMMARY |
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This enactment makes several amendments to the Canada Shipping
Act. Among the more important are amendments to modernize Part I of
the Act, which concerns the registration of ships and mortgages, and the
addition of a Part that deals with matters of general application. The
enactment also amends the Act to take into account technological,
social, statutory and administrative developments in the shipping field.
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EXPLANATORY NOTES |
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Canada Shipping Act |
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Clause 1: (1) The definitions ``British ship'',
``builder's mortgage'', ``pleasure yacht'', ``recorded
vessel'', ``registrar'' and ``tonnage regulations'' in
section 2 read as follows:
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``British ship'' includes a Canadian ship;
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``builder's mortgage'' means a mortgage of a recorded vessel;
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``pleasure yacht'' means a ship however propelled that is used
exclusively for pleasure and does not carry passengers;
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``recorded vessel'' means a vessel of the character described in section
4;
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``registrar'' means a registrar of British ships;
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``tonnage regulations'' means the regulations made under section 94;
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(2) The definitions ``Canadian ship'', ``gross
tonnage'', ``passenger'' and ``register tonnage'' in
section 2 read as follows:
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``Canadian ship'' means a ship registered in Canada either under this
Act or under the Merchant Shipping Acts before August 1, 1936;
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``gross tonnage'' means the gross tonnage stated in the certificate of
registry of a ship, or, where a ship is not registered, the figure found
in accordance with the rules for the time being in force for the
measurement of ships in respect of tonnage;
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``passenger'' means any person carried on a ship, but does not include
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``register tonnage'' means the register tonnage shown on a ship's
certificate of registry;
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(3) The relevant portion of the definition ``wreck'' in
section 2 reads as follows:
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``wreck'' includes
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(4) New.
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Clause 2: Section 2.1 reads as follows:
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2.1 Regulations made under this Act incorporating standards or
specifications by reference may incorporate those standards or
specifications as amended from time to time and, in such case, the
reference shall be read accordingly.
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Clause 3: Part 0.1 is new. Part I reads as follows:
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PART I |
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RECORDING, REGISTERING AND LICENSING |
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Recording Vessels |
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4. (1) Every vessel that is about to be built or is being built or
equipped in Canada and that when completed will be a ship registrable
in Canada may be recorded, pending registration, under an assigned
number and a temporary name in the office of the registrar of ships at
the port in Canada at or nearest to which the vessel is about to be built
or is being built or equipped.
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(2) On the recording of any vessel described in subsection (1),
which, after recording, is referred to in this Act as a recorded vessel, and
as a condition precedent thereto, the owner thereof shall deliver to the
registrar, in compliance with Form 1 in Schedule IV, a written and
signed description of the vessel and a statement of the port in Canada
at which it is intended to be registered.
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(3) For the purposes of the provisions of this Part that relate to
recording of vessels, the owner of every recorded vessel that is being
built shall identify it by painting on a board, maintained near the place
in the yard of the builder where the vessel is being built, on a dark
ground, in white or yellow figures and letters of not less than four inches
in length, the assigned number and temporary name recorded pursuant
to subsections (1) and (2) and the name of the port at which the vessel
is intended to be registered.
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(4) Unless a vessel is identified as provided in subsection (3), the
registrar who recorded it may vacate the recording and remove from his
records all entries with respect thereto.
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5. (1) The bill of sale for a recorded vessel that is sold shall be filed
with the registrar at the port at which the vessel is recorded and the
ownership of that vessel shall be deemed unchanged until the bill of sale
is recorded.
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(2) On receipt of a bill of sale for a recorded vessel, the registrar shall
enter the particulars thereof in the record book and endorse on the bill
of sale the date and hour that the entry was made.
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Registering Ships |
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6. A ship shall be deemed not to be a British ship unless it is owned
wholly by a person qualified to be an owner of a British ship, namely,
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7. (1) Notwithstanding that an unregistered ship is owned wholly by
persons qualified to be owners of British ships, that ship, unless it is
exempted from registration or is not required to be registered by this Act
or by the law of the port, whether in or outside Canada, to which it
belongs, shall not be recognized in Canada, or for the purposes of this
Act, as being entitled to the rights and privileges that are accorded to
British ships registered in any Commonwealth country.
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(2) Every British ship that is owned wholly by persons qualified to
be owners of British ships and that is not registered outside Canada may
be registered in Canada.
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(3) Every British ship that is owned by persons qualified to do so a
majority of which, either in number or in extent of ownership, are
residents of Canada, and every British ship that being owned by persons
so qualified, is, with respect to its management and use, principally
controlled in Canada, shall, unless it is registered outside Canada, be
registered in Canada.
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(4) Any ship may be detained until the master of the ship, if so
required, produces the certificate of registry of the ship.
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8. Ships not exceeding fifteen tons register tonnage employed solely
in navigation on the lakes, rivers or coasts of Canada and pleasure
yachts not exceeding twenty tons register tonnage wherever employed
or operated are exempted from registry under this Act.
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Procedure for Canadian Registration of British Ships |
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9. (1) The chief officer of customs at any port in Canada approved
by the Governor in Council for the registry of ships shall be a registrar
of British ships.
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(2) A registrar is not liable for damages or otherwise for any loss
accruing to any person by reason of any act done or default made by him
in his capacity as registrar, unless the loss occurred by reason of his
neglect or wilful act.
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10. Every registrar shall keep a book, to be called the register book,
and entries in that book shall be made in accordance with the following
provisions:
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11. Every British ship shall before registry in Canada be surveyed by
a surveyor of ships and its tonnage ascertained in accordance with the
tonnage regulations of this Act, and the surveyor shall grant his
certificate specifying the ship's tonnage and build, and such other
particulars descriptive of the identity of the ship as may for the time
being be required by the Minister, and the certificate shall be delivered
to the registrar before registry.
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12. (1) Every British ship shall before registry in Canada be marked
permanently and conspicuously to the satisfaction of the Minister as
follows:
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(2) The Governor in Council may exempt any class of ships from all
or any of the requirements of this section.
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(3) If the scale of feet showing the ship's draught of water is in any
respect inaccurate, so as to be likely to mislead, the owner of the ship
is guilty of an offence and liable to a fine not exceeding five hundred
dollars.
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(4) The marks required by this section shall be permanently
continued and no alteration shall be made therein, except in the event
of any of the particulars thereby denoted being altered in the manner
provided by this Act.
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(5) If an owner or master of a Canadian ship fails to cause his ship
to be marked as required by this section, or to keep it so marked, or if
any person conceals, removes, alters, defaces or obliterates, or attempts
to conceal, remove, alter, deface or obliterate, or suffers any person
under his control to conceal, remove, alter, deface or obliterate or to
attempt to conceal, remove, alter, deface or obliterate, any of the marks,
that owner, master or person is guilty of an offence and liable to a fine
not exceeding five hundred dollars.
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(6) No liability under subsection (5) is incurred
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(7) On a certificate from a surveyor of ships or a steamship inspector
that a ship is insufficiently or inaccurately marked, the ship may be
detained until the insufficiency or inaccuracy has been remedied to the
satisfaction of the Minister.
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13. An application for registry of a ship shall be made in the case of
individuals by the person requesting to be registered as owner, or by
some one or more of the persons so requesting if more than one, or by
his or their agent, and in the case of corporations by their agent, and the
authority of the agent shall be testified by writing, if appointed by
individuals, under the hands of the appointers, and, if appointed by a
corporation, under the common seal of that corporation.
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14. A person is not entitled to be registered as owner of a ship or of
a share therein until he, or in the case of a corporation the person
authorized by this Act to make declarations on behalf of the
corporation, has made and signed a declaration of ownership, referring
to the ship as described in the certificate of the surveyor, and containing
the following particulars:
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15. (1) On the first registry of a ship the following evidence shall be
produced in addition to the declaration of ownership:
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(2) The builder shall grant the certificate required by this section, and
such person as the Minister recognizes as carrying on the business of the
builder of a ship shall be included, for the purposes of this section, in the
expression ``builder of the ship''.
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(3) In the case of a recorded vessel that is about to be registered as
a ship, a builder's certificate may be supplied, at any time after the
building of the vessel is completed, by the first mortgagee of a builder's
mortgage thereof whose claim remains unsatisfied.
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(4) If the person granting a builder's certificate under this section
wilfully makes a false statement in that certificate, he is guilty of an
offence and liable to a fine not exceeding five hundred dollars.
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16. (1) The Governor in Council may make regulations with respect
to the manner in which government ships may be registered in Canada
as British ships for the purposes of this Act, and thereupon this Act,
subject to any exceptions and modifications that may be made by order
in council, either generally or with respect to any special class of
government ships, applies to government ships registered in
accordance with those regulations as if they were registered in the
manner provided by this Act.
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(2) A government ship, or a ship belonging to Her Majesty, that is
about to be built or is being built or equipped in Canada, whether or not
such ship, when completed, will be registrable in Canada, may be
recorded in accordance with section 4, with such modifications as the
circumstances require.
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17. (1) As soon as the requirements of this Act preliminary to registry
of a ship have been complied with, the registrar shall enter in the register
book the following particulars respecting the ship:
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(2) The first registration of a recorded vessel as a ship shall be made
by the registrar in whose office the vessel is recorded.
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(3) The registrar shall, on registration,
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(4) The registrar shall register the builder's mortgages described in
paragraph (2)(b) in the order and according to the priority in which they
were entered of record in the record book and they shall so have effect
as fully as if they and each of them were mortgages made or granted in
their recorded order and priority after the registration of the vessel to
which they relate as a ship.
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18. On the registry of a ship, the registrar shall retain in his
possession the following documents, namely, the surveyor's certificate,
the builder's certificate, any bill of sale of the ship previously made, the
copy of the condemnation, if any, and all declarations of ownership.
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19. The port at which a British ship is registered for the time being
shall be deemed its port of registry and the port to which it belongs.
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20. No registrar shall register any ship purchased or otherwise
acquired from a foreign subject or corporation where any bill of sale or
other document under or by virtue of which the ship became vested in
the applicant for registry contains any provision, express, implied or
constructive, restricting the use of the vessel or imputing any measure
of continued control thereof by the government of a foreign country.
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21. (1) Where, in the opinion of the Minister, any person who applies
to be registered as owner of a ship has not sufficient assets in Canada,
other than the ship itself, to reimburse Her Majesty for any expenses that
Her Majesty may subsequently incur in connection with the ship, its
master or a member of its crew, the Minister may prohibit a registrar
from registering that person as owner until security for those expenses,
in such form and such amount as the Minister may decide, has been
furnished.
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(2) Where no security is given under subsection (1) or where, in the
opinion of the Minister, the security given under that subsection is not
sufficient, the Minister may, by notice in writing, order the registered
owner of the ship to furnish security or additional security, as the case
may be, in such form and such amount as the Minister may decide, and
an officer of customs at any port in Canada may detain the ship until the
security or additional security is furnished.
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22. Notwithstanding anything in this Part, a ship built outside
Canada shall not, without the consent of the Minister, be registered in
Canada.
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Certificate of Registry |
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23. (1) On completion of the registry of a ship, the registrar shall
grant a certificate of registry comprising the particulars respecting the
ship entered in the register book, with the name of the ship's master.
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(2) Every Canadian ship registered on August 1, 1936 shall be
deemed to be registered under this Act.
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24. (1) The certificate of registry of a ship shall be used only for the
lawful navigation of the ship and is not subject to detention by reason
of any title, lien, charge or interest whatever had or claimed by any
owner, mortgagee or other person to, on or in the ship.
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(2) If any person, whether interested in a ship or not, refuses on
request to deliver up the certificate of registry of the ship when in his
possession or under his control to the person entitled to the custody
thereof for the purposes of the lawful navigation of the ship, or to any
registrar, officer of customs or other person entitled by law to require its
delivery, any justice by warrant under his hand and seal, or any court
capable of taking cognizance of the matter, may summon the person so
refusing to appear before that justice or court, and to be examined
concerning that refusal, and unless it is proved to the satisfaction of the
justice or court that there was reasonable cause for that refusal, that
person is guilty of an offence and liable to a fine not exceeding five
hundred dollars, but if it is shown to the justice or court that the
certificate of registry is lost, the person summoned shall be discharged
and the justice or court shall certify that the certificate of registry is lost.
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(3) Where the person refusing to deliver up a certificate of registry
is proved to have absconded so that the warrant of a justice or process
of a court cannot be served on him, or where he persists in not delivering
up the certificate, the justice or court shall certify the fact, and the same
proceedings may then be taken as in the case of a certificate mislaid, lost
or destroyed, or as near thereto as circumstances permit.
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25. If the master or owner of a ship uses or attempts to use for the
ship's navigation a certificate of registry not legally granted in respect
of the ship, he is guilty of an indictable offence and the ship is subject
to forfeiture under this Act.
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26. The registrar of the port of registry of a ship may, with the
approval of the Minister and on the delivery up to him of the certificate
of registry of a ship, grant a new certificate in lieu thereof.
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27. (1) In the event of the certificate of registry of a ship being
mislaid, lost or destroyed, the registrar of the ship's port of registry shall
grant a new certificate of registry in lieu of the original certificate.
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(2) Where the port at which the ship is at the time of the event referred
to in subsection (1), or first arrives after that event, is not in Canada but
has a British registrar or consular officer, the master of the ship, or some
other person having knowledge of the facts of the case, shall make a
declaration stating the facts of the case, and the names and descriptions
of the registered owners of the ship to the best of the declarant's
knowledge and belief, and the British registrar or consular officer, as the
case may be, may thereupon grant a provisional certificate, containing
a statement of the circumstances under which it is granted.
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(3) The provisional certificate shall, within ten days after the first
subsequent arrival of the ship at its port of discharge in Canada, be
delivered up to the registrar of its port of registry, and the registrar shall
thereupon grant the new certificate of registry.
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(4) If the master without reasonable cause fails to deliver up the
provisional certificate within the ten days described in subsection (3),
he is guilty of an offence and liable to a fine not exceeding two hundred
and fifty dollars.
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28. (1) Where it appears to the Minister that there is any doubt
respecting the title of any ship registered as a British ship in Canada to
be so registered, he may direct the registrar of the port of registry of the
ship to require evidence to be given to his satisfaction that the ship is
entitled to be registered as a British ship.
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(2) If within such time, not less than thirty days, as the Minister fixes,
satisfactory evidence of the title of the ship to be registered is not so
given, the ship is subject to forfeiture under this Part.
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29. (1) Where the master of a Canadian ship is changed, each of the
following persons, namely,
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shall endorse and sign on the certificate of registry a memorandum of
the change, and shall forthwith report the change to the Minister.
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(2) Any officer of customs at any port in any Commonwealth
country may refuse to admit any person to do any act there as master of
a Canadian ship unless his name is inserted in or endorsed on the ship's
certificate of registry as the ship's last appointed master.
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30. (1) Subject to this Part, chief officers of customs in Canada, not
being registrars, have the same power and are under the same obligation
as registrars to endorse and sign on the certificate of registry of any ship
at any port in Canada where the ship is, a memorandum of any change
of master that occurs at that port and forthwith to report the change to
the Minister.
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(2) Where any registrar or chief officer of customs at any port or
place in Canada receives conflicting directions from owners of any ship
respecting a change of the master of such a ship, the registrar or chief
officer may refuse to endorse and sign a memorandum of the change of
master on the certificate of registry of the ship until he receives a
declaration from the registered owners representing a majority of shares
in the ship, or from their duly appointed agents.
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31. (1) The declaration referred to in subsection 30(2) shall be made
according to Form 2 in Schedule IV, or as near thereto as circumstances
permit, and shall set forth the name of the person appointed in lieu of the
former master, who shall be therein named, and shall be made and
subscribed,
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(2) In addition to the declaration referred to in subsection 30(2), the
registrar or collector of customs at the port where the change is
requested to be endorsed may require a certified copy of the register to
be produced, or such other evidence as he deems necessary, as proof of
the ownership of the ship.
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(3) Where the ship is at or near a port described in subsection (2), the
registrar or collector of customs shall, on demand of a majority of the
owners thereof, require the master or any other person in possession of
the certificate of registry to produce and deliver up the certificate to him,
and if the certificate is not forthwith produced and delivered up to him,
he may detain the ship and not allow it to proceed to sea until the
certificate has been produced and delivered up to him.
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32. Every registrar and every collector of customs shall keep a record
of every endorsement of a change of master made by him on the
certificate of registry of a ship, and shall specify in the record
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33. Every record described in section 32 shall be kept in the office
of the registrar or collector of customs making the record, or his
successor, and shall, at all times during the usual office hours, be open
to all persons for inspection without fee or reward.
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34. (1) Whenever a change occurs in the registered ownership of a
ship, the change of ownership shall be endorsed on the ship's certificate
of registry, either by the registrar of the ship's port of registry, or by the
registrar of British ships at any port at which the ship arrives who has
been advised of the change by the registrar of the ship's port of registry.
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(2) The master shall, for the purpose of an endorsement by the
registrar of the ship's port of registry, deliver the certificate of registry
to the registrar forthwith after the change, if the change occurs when the
ship is at its port of registry, and if it occurs during its absence from that
port and the endorsement under this section is not made before the
ship's return then on its first return to that port.
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(3) The registrar of any port, not being the ship's port of registry, or
any registrar of British ships who is required to make an endorsement
under this section may for that purpose require the master to deliver to
him the ship's certificate of registry so that the ship not be thereby
detained, and the master shall deliver the certificate accordingly.
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(4) If the master fails to deliver to the registrar the certificate of
registry as required by this section, he is guilty of an offence and liable
to a fine not exceeding five hundred dollars.
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35. (1) In the event of a Canadian ship being either actually or
constructively lost, taken by the enemy, burnt or broken up, or ceasing
by reason of a transfer to persons not qualified to be owners of British
ships, or otherwise, to be a British ship, every owner of the ship or any
share therein shall, immediately on obtaining knowledge of the event,
if no notice thereof has already been given to the registrar, give notice
thereof to the registrar at the ship's port of registry, who shall make an
entry thereof in the register book, and the registry of the ship in that book
shall be considered as closed except in so far as it relates to any
unsatisfied mortgages or existing certificates of mortgage entered
therein.
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(2) In any case described in subsection (1), except where the ship's
certificate of registry is lost or destroyed, the master shall, if the event
occurs in port immediately, but if it occurs elsewhere then within ten
days after his arrival in port, deliver the certificate to the registrar or
registrar of British ships, or, if there is none, to the consular officer there,
and the registrar, if he is not himself the registrar of the ship's port of
registry, or the consular officer, shall forthwith forward the certificate
delivered to him to the registrar of the ship's port of registry.
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(3) If any owner or master fails, without reasonable cause, to comply
with this section, he is guilty of an offence and liable to a fine not
exceeding five hundred dollars.
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36. (1) Where, at a port not within any Commonwealth country and
not being a port of registry established by order in council under the
Merchant Shipping Acts, a ship becomes the property of persons
qualified to own a British ship and those persons declare to the consular
officer at that port an intent to apply to have the ship registered in
Canada, the consular officer may grant to the ship's master, on his
application, a provisional certificate stating
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and shall forward a copy of the certificate at the first convenient
opportunity to the Minister.
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(2) A provisional certificate has the effect of a certificate of registry
until the expiration of six months from its date, or until the ship's arrival
at a port in Canada where there is a registrar, whichever first happens,
and on either of those events happening, the certificate ceases to have
effect.
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37. Where it appears to the Minister that by reason of special
circumstances it would be desirable to grant permission to any British
ship to pass, without being previously registered, from any port in
Canada to any other port within any Commonwealth country, the
Minister may grant a pass accordingly, and that pass, for the time and
within the limits therein mentioned, has the same effect as a certificate
of registry.
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Transfers and Transmissions |
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38. (1) A registered ship or any share therein, when disposed of to a
person qualified to own a British ship, shall be transferred by bill of sale.
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(2) The bill of sale shall contain such description of the ship as is
contained in the surveyor's certificate, or some other description
sufficient to identify the ship to the satisfaction of the registrar, shall be
in the form prescribed by the Governor in Council and shall be executed
by the transferor in the presence of and be attested by a witness or
witnesses.
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39. Where a registered ship or any share therein is transferred, the
transferee is not entitled to be registered as owner thereof until he, or,
in the case of a corporation, the person authorized by this Act to make
declarations on behalf of the corporation, has made and signed a
declaration, in this Act called a ``declaration of transfer'', referring to
the ship and containing
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40. (1) Every bill of sale for the transfer of a registered ship or of a
share therein, when duly executed, shall be produced to the registrar of
the ship's port of registry with the declaration of transfer, and the
registrar shall thereupon enter in the register book the name of the
transferee as owner of the ship or share, and shall endorse on the bill of
sale the fact of that entry having been made, with the day and hour
thereof.
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(2) Bills of sale of a ship or any share therein shall be entered in the
register book in the order of their production to the registrar.
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41. (1) Where the property in a registered ship or share therein is
transmitted to a person qualified to own a British ship on the marriage,
death or bankruptcy of any registered owner, or by any lawful means
other than by a transfer under this Act,
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(2) The registrar, on receipt of the declaration of transmission so
accompanied, shall enter in the register book the name of the person
entitled under the transmission to be registered as owner of the ship or
any share therein that has been transmitted, and, where there is more
than one such person, shall enter the names of all those persons, but
those persons, however numerous, shall, for the purpose of this Act with
respect to the number of persons entitled to be registered as owners, be
considered as one person.
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42. (1) Where the property in a Canadian ship or share therein is
transmitted on marriage, death, bankruptcy or otherwise to a person not
qualified to own a British ship, the Admiralty Court may, on application
by or on behalf of the unqualified person, order a sale of the property
so transmitted, and direct that the proceeds of the sale, after deducting
the expenses thereof, be paid to the person entitled under the
transmission or otherwise as the Court directs.
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(2) The Admiralty Court may require any evidence in support of the
application it thinks requisite, and may make the order on any terms and
conditions it thinks just, or may refuse to make the order, and generally
may act in the case as the justice of the case requires.
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(3) Every application for sale must be made within four weeks after
the occurrence of the event on which the transmission has taken place,
or within such further time, not exceeding in the whole one year from
the date of the occurrence, as the Court allows.
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(4) If an application is not made within the time referred to in
subsection (3), or if the Court refuses an order for sale, the ship or share
transmitted is thereupon subject to forfeiture under this Act.
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43. Where any court, whether under the preceding sections or
otherwise, orders the sale of any ship or share therein, the order of the
court shall contain a declaration vesting in some person named by the
court the right to transfer that ship or share, and that person is thereupon
entitled to transfer the ship or share in the same manner and to the same
extent as if he were the registered owner thereof, and every registrar
shall obey the requisition of the person so named in respect of any
transfer to the same extent as if that person were the registered owner.
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44. The Admiralty Court may, if it thinks fit, without prejudice to the
exercise of any other power of the Court, on the application of any
interested person, make an order prohibiting for a time specified any
dealing with a ship or any share therein, and the Court may make the
order on any terms or conditions it thinks just, may refuse to make the
order or may discharge the order when made, with or without costs, and
generally may act in the case as the justice of the case requires, and
every registrar, without being made a party to the proceeding, shall on
being served with an order or an official copy thereof obey the order.
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Mortgages |
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45. (1) A recorded vessel may be made security for the repayment
of a debt or the discharge of any other obligation.
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(2) A builder's mortgage shall be in Form 3 in Schedule IV and may
be filed with the registrar at the port at which the vessel is recorded.
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(3) On receipt of a builder's mortgage in the required form, the
registrar shall enter the particulars thereof in the record book.
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46. Every builder's mortgage
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47. (1) A registered ship or any share therein may be made a security
for a loan or other valuable consideration, and the instrument creating
the security, in this Act called a ``mortgage'', shall be in the form
prescribed by the Governor in Council, and on the production of the
instrument the registrar of the ship's port of registry shall record it in the
register book.
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(2) Mortgages shall be recorded by the registrar in the order in time
in which they are produced to him for that purpose, and the registrar
shall by memorandum under his hand indicate on each mortgage that
it has been recorded by him, stating the date and hour of that record.
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48. Where a registered mortgage is discharged, the registrar shall, on
the production of the mortgage deed with a receipt for the mortgage
money endorsed thereon, duly signed and attested, make an entry in the
register book to the effect that the mortgage has been discharged, and
on that entry being made the estate, if any, that passed to the mortgagee
shall vest in the person in whom, having regard to intervening acts and
circumstances, if any, it would have vested if the mortgage had not been
made.
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49. Where there are more mortgages than one registered in respect
of the same ship or share in a ship, the mortgagees are, notwithstanding
any express, implied or constructive notice, entitled in priority, one over
the other, according to the date at which each mortgage is recorded in
the register book, and not according to the date of each mortgage itself.
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50. Except as far as may be necessary for making a mortgaged ship
or share in a ship available as a security for the mortgage debt, the
mortgagee shall not by reason of the mortgage be deemed the owner of
the ship or share, nor shall the mortgagor be deemed to have ceased to
be owner thereof.
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51. Every registered mortgagee has power absolutely to dispose of
the ship or any share therein in respect of which he is registered as a
mortgagee, and to give effectual receipts for the purchase money, but
where there are more persons than one registered as mortgagees of the
same ship or share, a subsequent mortgagee shall not, except under the
order of the court of competent jurisdiction, sell the ship or share
without the concurrence of every prior mortgagee.
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52. A registered mortgage of a ship or any share therein is not
affected by any act of bankruptcy committed by the mortgagor after the
date of the record of the mortgage, notwithstanding that the mortgagor
at the commencement of his bankruptcy had the ship or share in his
possession, order or disposition, or was reputed owner thereof, and the
mortgage shall be preferred to any right, claim or interest therein of the
other creditors of the bankrupt or any trustee or assignee on their behalf.
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53. A registered mortgage of a ship or any share therein may be
transferred to any person, and the instrument effecting the transfer shall
be in the form prescribed by the Governor in Council, and on the
production of that instrument the registrar shall record it by entering in
the register book the name of the transferee as mortgagee of the ship or
share, and shall by memorandum under his hand indicate on the
instrument of transfer that it has been recorded by him, stating the date
and hour of the record.
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54. (1) Where the interest of a mortgagee in a ship or any share
therein is transmitted on marriage, death or bankruptcy, or by any lawful
means other than by a transfer under this Act, the transmission shall be
authenticated by a declaration of the person to whom the interest is
transmitted.
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(2) The declaration described in subsection (1) shall be accompanied
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(3) In the case of a transmission of a builder's mortgage, the
declaration shall be in Form 4 in Schedule IV, shall state the manner in
which and the person to whom the property has been transmitted and
shall be made and subscribed
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(4) The registrar, on receipt of the declaration and the production of
the required evidence, shall enter the name of the person entitled under
the transmission in the register book or record book, as the case may be,
as mortgagee of the ship or share or vessel, as the case may be, in respect
of which the transmission has taken place.
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Certificates of Mortgage and Sale |
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55. A registered owner, if desirous of disposing by way of mortgage
or sale of the ship or any share therein in respect of which he is registered
at any place outside Canada, may apply to the registrar of the ship's port
of registry and the registrar shall thereupon enable him to do so by
granting a certificate of mortgage or a certificate of sale.
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56. Before a certificate of mortgage or a certificate of sale is granted,
the applicant shall state to the registrar and the registrar shall enter in the
register book the following particulars:
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57. A certificate of mortgage or a certificate of sale shall not be
granted so as to authorize any mortgage or sale to be made in Canada
or by any person not named in the certificate.
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58. A certificate of mortgage and a certificate of sale shall contain a
statement of the several particulars by this Act directed to be entered in
the register book on the application for the certificate, and an
enumeration of any registered mortgages or certificates of mortgage or
sale affecting the ship or any share therein in respect of which the
certificate is given.
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59. The following rules shall be observed with respect to certificates
of mortgage:
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60. The following rules shall be observed with respect to certificates
of sale:
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61. On proof at any time to the satisfaction of the Minister that a
certificate of mortgage or sale is lost or destroyed or so obliterated as to
be useless, and that the powers thereby given have never been
exercised, or if they have been exercised, then on proof of the several
matters and things that have been done thereunder, the registrar may,
with the sanction of the Minister, as circumstances require, either issue
a new certificate or direct such entries to be made in the register book
or such other thing to be done as might have been made or done if the
loss, destruction or obliteration had not taken place.
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62. (1) The registered owner of any ship or share therein in respect
of which a certificate of mortgage or sale has been granted, specifying
the places where the power thereby given is to be exercised, may, by an
instrument under his hand, authorize the registrar by whom the
certificate was granted to give notice to the registrar or British registrar
or consular officer at every such place that the certificate is revoked.
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(2) A notice given pursuant to subsection (1) shall be recorded by the
registrar or British registrar or consular officer receiving it, and after it
is recorded the certificate shall be deemed to be revoked and of no effect
with respect to any mortgage or sale to be thereafter made at that place.
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(3) The notice, after it has been recorded, shall be exhibited to every
person applying for the purpose of effecting or obtaining a mortgage or
transfer under the certificate.
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(4) A registrar or British registrar or consular officer on recording the
notice shall state to the registrar by whom the certificate was granted
whether any previous exercise of the power to which the certificate
refers has taken place.
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Name of Ship |
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63. (1) The Governor in Council may make regulations enabling the
Minister to refuse the registry of any ship by the name by which it is
proposed to register that ship if it is already the name of a registered
British ship or a name so similar as to be calculated to deceive, and may
by those regulations require notice to be given in such manner as may
be directed by the regulations before the name of the ship is marked on
the ship, or before the name of the ship is entered in the register.
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(2) Where the registry of a ship by the name by which it is proposed
to register that ship is refused by the Minister, or any requirements of the
regulations are not complied with in the case of any ship that it is
proposed to register, that ship shall not be registered under the name
proposed or until the regulations are complied with, as the case may be.
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64. (1) A ship shall not be described by any name other than that by
which it is for the time being registered.
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(2) A change shall not be made in the name of a ship without the
previous written permission of the Minister.
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(3) Application for that permission shall be in writing, and if the
Minister is of opinion that the application is reasonable he may entertain
it, and thereupon require notice thereof to be published in such form and
manner as he thinks fit.
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(4) On permission being granted to change the name, the ship's name
shall forthwith be altered in the register book, in the ship's certificate of
registry and on the ship's bows and stern.
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(5) Where it is shown to the satisfaction of the Minister that the name
of any ship has been changed without his permission, he shall direct that
the ship's name be altered into that which the ship bore before the
change, and the name shall be altered in the register book, in the ship's
certificate of registry and on the ship's bows and stern accordingly.
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(6) Where a ship having once been registered has ceased to be so
registered, no person unless ignorant of the previous registry, proof
whereof lies on that person, shall apply to register, and no registrar shall
knowingly register, the ship, except by the name by which it was
previously registered, without the previous written permission of the
Minister.
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(7) Where a foreign ship, not having at any previous time been
registered as a British ship, becomes a British ship, no person shall apply
to register, and no registrar shall knowingly register, the ship, except by
the name which it bore as a foreign ship immediately before becoming
a British ship, without the previous written permission of the Minister.
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(8) Every person who acts, or suffers any person under his control to
act, in contravention of this section, or omits to do, or suffers any person
under his control to omit to do, anything required by this section, is
guilty of an offence and liable to a fine not exceeding five hundred
dollars, and, except in the case of an application being made under the
section with respect to a foreign ship that, not having at any previous
time been registered as a British ship, has become a British ship, the ship
may be detained until this section is complied with.
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Registry of Alterations, Registry anew and Transfer of Registry |
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65. (1) When a registered ship is so altered as not to correspond with
the particulars relating to its tonnage or description contained in the
register book, if the alteration is made at any port having a registrar, that
registrar, or, if it is made elsewhere, the registrar of the first port having
a registrar at which the ship arrives after the alteration, shall, on
application being made to him, and on receipt of a certificate from the
proper surveyor stating the particulars of the alteration, either cause the
alteration to be registered or direct that the ship be registered anew.
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(2) If default is made in registering anew a ship or in registering an
alteration in a ship altered as described in subsection (1), the owner of
the ship is guilty of an offence and liable to a fine not exceeding five
hundred dollars, and in addition to a fine not exceeding twenty-five
dollars for every day during which the offence continues after
conviction.
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66. (1) For the purpose of the registry of an alteration in a ship, the
ship's certificate of registry shall be produced to the registrar and the
registrar shall, in his discretion, either retain the certificate of registry
and grant a new certificate of registry containing a description of the
ship as altered or endorse and sign on the existing certificate a
memorandum of the alteration.
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(2) The particulars of the alteration in a ship, and the fact of the new
certificate having been granted, or endorsement having been made,
shall be entered by the registrar of the ship's port of registry in his
register book, and for that purpose the registrar to whom the application
for the registry of the alteration has been made, if he is not the registrar
of the ship's port of registry, shall forthwith report to the registrar of the
ship's port of registry those particulars and facts, accompanied, where
a new certificate of registry has been granted, by the old certificate of
registry.
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67. (1) Where any registrar, not being the registrar of the ship's port
of registry, on an application with respect to an alteration in a Canadian
ship, directs the ship to be registered anew, he shall either grant a
provisional certificate, describing the ship as altered, or provisionally
endorse the particulars of the alteration on the existing certificate.
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(2) Every such provisional certificate, or certificate provisionally
endorsed, shall, within ten days after the first subsequent arrival of the
ship at its port of discharge in Canada, be delivered up to the registrar
thereof, who shall cause the ship to be registered anew.
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(3) The registrar granting a provisional certificate under this section,
or provisionally endorsing a certificate, shall add to the certificate or
endorsement a statement that it is made provisionally, and shall send a
report of the particulars of the case to the registrar of the ship's port of
registry, containing a similar statement as the certificate or
endorsement.
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68. Where the ownership of any ship is changed, the registrar of the
ship's port of registry may, on the application of the owners of the ship,
register the ship anew, although registration anew is not required under
this Act.
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69. (1) Where a ship is to be registered anew, the registrar shall
proceed as in the case of first registry, and on the delivery up to him of
the existing certificate of registry, and on the other requirements as to
registry, or in the case of a change of ownership such of them as he
thinks material, being duly complied with, shall make that registry anew
and grant a certificate thereof.
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(2) Where a ship is registered anew, its former register shall be
considered as closed, except in so far as it relates to any unsatisfied
mortgage or existing certificates of sale or mortgage entered thereon,
but the names of all persons appearing on the former register to be
interested in the ship as owners or mortgagees shall be entered on the
new register, and the registry anew does not in any way affect the rights
of any of those persons.
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70. (1) The registry of any ship may be transferred from one port in
Canada to another or to or from any port in Canada to or from any
Commonwealth country on the application to the registrar of the
existing port of registry of the ship made by declaration in writing of all
persons appearing on the register to be interested therein as owners or
mortgagees, but that transfer shall not in any way affect the rights of
those persons or any of them, and those rights shall in all respects
continue in the same manner as if no such transfer had been effected.
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(2) On any application under subsection (1), the registrar shall
transmit notice thereof to the registrar of the intended port of registry
with a copy of all particulars relating to the ship and the names of all
persons appearing on the register to be interested therein as owners or
mortgagees.
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(3) The ship's certificate of registry shall be delivered up to the
registrar either of the existing or intended port of registry, and, if
delivered up to the former, shall be transmitted to the registrar of the
intended port of registry.
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(4) On the receipt of the documents referred to in this section, the
registrar of the intended port of registry shall enter in his register book
all the particulars and names so transmitted and grant a new certificate
of registry, and thenceforth the ship shall be considered as registered at
the new port of registry, and the name of the ship's new port of registry
shall be substituted for the name of its former port of registry on the
ship's stern.
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71. (1) Where any British or foreign registered ship is wrecked, and
the register thereof is closed and the certificate of registry is delivered
up to the proper officer and cancelled, or, where any ship, sailing under
a pass from the Minister, is either actually or constructively wrecked on
the voyage during the time and within the limits mentioned in the pass,
the Minister may direct that the ship may be registered as a British ship
in any port in Canada at and for which there is a registrar, on proof being
adduced to the satisfaction of the Minister that
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(2) No registrar shall register any ship described in subsection (1)
without the authority of the Minister.
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Incapacitated Persons |
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72. Where by reason of infancy, mental disability or any other cause
any person interested in any ship, or any share therein, is incapable of
making any declaration or doing anything required or permitted by this
Act to be made or done in connection with the registry of the ship or
share, the guardian or committee of that person, or, if there is none, any
person appointed on application made on behalf of the incapable
person, or of any other person interested, by any court or judge having
jurisdiction in respect of the property of incapable persons, may make
the declaration, or a declaration as nearly corresponding thereto as
circumstances permit, and do such act or thing in the name and on behalf
of the incapable person, and all acts done by the substitute are as
effectual as if done by the person for whom he is substituted.
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Trusts and Equitable Rights |
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73. No notice of any trust, express, implied or constructive, shall be
entered in the register book or be receivable by the registrar, and, subject
to any rights and powers appearing by the register book to be vested in
any other person, the registered owner of a ship or share therein has
power absolutely to dispose of the ship or share in the manner provided
in this Act, and to give effectual receipts for any money paid or
advanced by way of consideration.
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74. The expression ``beneficial interest'', where used in this Part,
includes interests arising under contract and other equitable interests,
and the intention of this Act is that, without prejudice to the provisions
of this Act relating to the prevention of notice of trusts from being
entered in the register book or received by the registrar, without
prejudice to the powers of disposition and of giving receipts conferred
by this Act on registered owners and mortgagees, and without prejudice
to the provisions of this Act relating to the exclusion of unqualified
persons from the ownership of British ships, interests arising under
contract or other equitable interests may be enforced by or against
owners and mortgagees of ships in respect of their interest therein in the
same manner as in respect of any other personal property.
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Liability of Beneficial Owner |
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75. Where any person is beneficially interested, otherwise than by
way of mortgage, in any ship or share therein registered in the name of
some other person as owner, the person so interested is, as well as the
registered owner, subject to all pecuniary penalties imposed by this Act
or any other Act on the owners of ships or shares therein, so that
proceedings may be taken for the enforcement of any of those penalties
against both or either of those parties, with or without joining the other
of them.
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Managing Owner |
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76. (1) The name and address of the managing owner for the time
being of every ship registered at a port in Canada shall be registered at
the custom-house of that port.
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(2) Where there is no managing owner of a ship, there shall be
registered under subsection (1) the name of the ship's husband or other
person to whom the management of the ship is entrusted by or on behalf
of the owner, and any person whose name is so registered is, for the
purposes of this Act, under the same obligations and subject to the same
liabilities as if he were the managing owner.
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(3) If default is made in complying with this section, the owner is
guilty of an offence and liable, or if there are more owners than one, each
owner is guilty of an offence and liable in proportion to his interest in
the ship, to a fine not exceeding in the whole five hundred dollars each
time the ship leaves any port in Canada.
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Declarations, Inspection of Register and Fees |
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77. Where, under this Part, any person is required to make a
declaration on behalf of himself or of any corporation, or any evidence
is required to be produced to the registrar, and it is shown to the
satisfaction of the registrar that from any reasonable cause that person
is unable to make the declaration, or that the evidence cannot be
produced, the registrar may, with the approval of the Minister, and on
the production of such other evidence, and subject to such terms as he
may think fit, dispense with the declaration or evidence.
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78. (1) Declarations required by this Part shall be made before a
registrar, a justice of the peace, a commissioner for oaths, a consular
officer or before any person authorized by law to administer oaths in the
province in which the declaration is made.
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(2) Declarations required by this Part may be made on behalf of a
corporation by the secretary or any other officer of the corporation
authorized by it for the purpose.
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79. All fees authorized to be taken under this Part shall, except where
otherwise in this Act provided, if taken in any part of Canada, form part
of the Consolidated Revenue Fund, if taken in any other
Commonwealth country, shall be disposed of in such way as the
Executive Government of that country directs, and, if taken at any port
of registry established by order in council under the Merchant Shipping
Acts, shall be disposed of as Her Majesty in Council directs.
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80. The Governor in Council may prescribe a tariff of fees for the
registration, change of name, transfer, transmission or mortgage of
Canadian ships and the fees shall be paid into the Consolidated Revenue
Fund.
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Returns, Evidence and Forms |
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81. (1) Every registrar in Canada shall transmit to the Minister
returns in such form, and at such times as the Minister may direct, of all
registries, transfers, transmissions, mortgages and other dealings with
ships that have been registered by or communicated to him in his
character of registrar, and of the names of the persons concerned in the
same, and of such other particulars as may be directed by the Minister.
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(2) Every registrar in Canada shall on or before February 1 in every
year transmit to the Minister a list of all ships registered at the port where
he performs his duties and of all ships whose registers have been
transferred or cancelled at that port since the last preceding return.
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82. (1) On application to the registrar during the hours of his official
attendance, a person may
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(2) The following documents are admissible in evidence in any court
in Canada, in the manner provided by this Act:
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(3) A copy or transcript of the register of British ships kept by the
Registrar General of Shipping and Seamen under the direction of the
Board of Trade of the United Kingdom is admissible in evidence in any
court in Canada and has the same effect to all intents as the original
register of which it is a copy or transcript.
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83. (1) Subject to this Part, the several instruments and documents
mentioned in this Part shall be in the form prescribed by the Governor
in Council, and the Governor in Council may make such alterations in
the forms so prescribed as the Governor in Council may deem requisite.
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(2) A registrar is not required without the special direction of the
Minister to receive and enter in the register book any bill of sale,
mortgage or other instrument for the disposal or transfer of any ship or
share, or any interest therein, that is made in any form other than that for
the time being required under this Part, or that contains any particulars
other than those contained in such form, but the Governor in Council
shall, before altering the forms, give such public notice thereof as may
be necessary in order to prevent inconvenience.
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(3) The Minister shall cause the forms so prescribed to be supplied
to all registrars under this Act for distribution to persons requiring to use
them, either free of charge or at such moderate prices as he may direct.
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(4) The Minister may, for carrying into effect this Part, give such
instructions to registrars and surveyors of ships respecting the manner
of making entries in the register book, the execution and attestation of
powers of attorney, any evidence required for identifying any person,
the referring to him of any question involving doubt or difficulty, and
generally respecting any act or thing to be done in pursuance of this Part,
as he thinks fit.
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Forgery and False Declarations |
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84. Every person who forges, or fraudulently alters or assists in
forging or fraudulently altering, or procures to be forged or fraudulently
altered, any of the following documents, namely, any register book,
builder's certificate, surveyor's certificate, certificate of registry,
declaration, bill of sale, instrument of mortgage, or certificate of
mortgage or sale under this Part, or any entry or endorsement required
by this Part to be made in or on any of those documents, is guilty of an
indictable offence.
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85. (1) Every person who, in the case of any declaration made in the
presence of or produced to a registrar under this Part, or in any
document or other evidence produced to a registrar under this Part,
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is guilty of an indictable offence.
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(2) Every person who wilfully makes a false declaration concerning
the qualification of himself or of any other person or of any corporation
to own a British ship or any share therein is guilty of an indictable
offence and that ship or share is subject to forfeiture under this Act, to
the extent of the interest therein of the declarant, and, unless it is proved
that the declaration was made without authority, of any person or
corporation on behalf of whom the declaration is made.
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National Character and Flag |
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86. (1) An officer of customs shall not grant a clearance or transire
for any ship until the master of the ship has declared to that officer the
name of the nation to which he claims the ship belongs, and that officer
shall thereupon inscribe that name on the clearance or transire.
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(2) If a ship attempts to proceed to sea without a clearance or transire,
the ship may be detained until the declaration is made.
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87. (1) If a person uses the National Flag of Canada and assumes the
Canadian national character on board a ship owned in whole or in part
by any persons not qualified to own a Canadian ship, for the purpose of
making the ship appear to be a Canadian ship, the ship is subject to
forfeiture under this Act, unless the assumption has been made for the
purpose of escaping capture by an enemy or by a foreign ship of war in
the exercise of some belligerent right.
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(2) In any proceeding for enforcing any forfeiture, the burden of
proving a title to use the National Flag of Canada and assume the
Canadian national character lies on the person using and assuming
them.
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88. If the master or owner of a Canadian ship does anything or
permits anything to be done, or carries or permits to be carried any
papers or documents, with intent to conceal the British character of the
ship from any person entitled by the law of Canada or of any
Commonwealth country to inquire into the same, or with intent to
assume a foreign character, or with intent to deceive any person so
entitled, the ship is subject to forfeiture under this Act, and the master,
if he commits or is privy to the commission of the offence, is guilty of
an indictable offence.
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89. If an unqualified person acquires as owner, otherwise than by a
transmission as provided in this Part, any interest either legal or
beneficial, in a ship using the National Flag of Canada and assuming the
Canadian national character, that interest is subject to forfeiture under
this Act.
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90. Where it is declared by this Act that a British ship shall not be
recognized as a British ship, that ship is not entitled to any benefits,
privileges, advantages or protection usually enjoyed by British ships, to
use the Canadian flag or to assume the Canadian national character, but
with respect to the payment of dues, the liability to fines and forfeiture
and the punishment of offences committed on board that ship, or by any
persons belonging to the ship, that ship shall be dealt with in the same
manner in all respects as if it were a recognized British ship.
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91. (1) The National Flag of Canada is hereby declared to be the
proper national colours for all Canadian ships and all ships and boats
that would be registered in Canada if they were required to be registered,
belonging to any British subject resident in Canada, except in the case
of any ship or boat for the time being allowed to wear any other national
colours in pursuance of a warrant from Her Majesty or under
regulations that may be made by the Governor in Council.
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(2) Where a ship or boat described in subsection (1) flies
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the master of that ship or boat, or the owner thereof if he is on board, is
guilty of an offence and liable on summary conviction to a fine not
exceeding five hundred dollars or to imprisonment for a term not
exceeding six months or to both.
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(3) Any commissioned officer on full pay in the Canadian Forces or
in the armed forces of Her Majesty other than the Canadian Forces or
any officer of customs in a Commonwealth country, or any consular
officer, may board any ship or boat registered in Canada or owned by
any resident of Canada on which any colours or pendant are hoisted
contrary to this Act, and seize and take away the colours or pendant, and
the colours or pendant shall be forfeited to Her Majesty.
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(4) A fine under this section may be recovered with costs in the
Admiralty Court.
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(5) Any offence mentioned in this section may also be prosecuted
and the fine for it recovered, summarily, but where any offence is
prosecuted summarily under this subsection, the court imposing the
fine shall not impose a fine that exceeds five hundred dollars.
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(6) Nothing in this section authorizes the imposition of more than
one fine in respect of the same offence.
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92. (1) A Canadian ship or a ship belonging to a British subject
resident in Canada shall hoist the proper national colours
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(2) If default is made on board any ship in complying with this
section, the master of the ship is guilty of an offence and liable to a fine
not exceeding five hundred dollars.
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Forfeiture of Ship |
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93. (1) Where any Canadian ship has either wholly or with respect
to any share therein become subject to forfeiture under this Part,
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may seize and detain the ship, and bring it for adjudication before the
Admiralty Court or before any court having Admiralty jurisdiction in a
Commonwealth country or any British court having jurisdiction outside
Canada and the Commonwealth in pursuance of an order of Her
Majesty in Council, and the court may adjudge the ship with its tackle,
apparel and furniture to be forfeited to Her Majesty, and make such
order in the case as to the court seems just, and may award to the officer
bringing in the ship for adjudication such portion of the proceeds of the
sale of the ship or any share therein as the court thinks fit.
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(2) An officer described in subsection (1) is not responsible either
civilly or criminally to any person in respect of any seizure or detention
thereunder, notwithstanding that the ship has not been brought in for
adjudication, or if so brought in is declared not liable to forfeiture, if it
is shown to the satisfaction of the court before whom any trial relating
to the ship or seizure or detention is held that there were reasonable
grounds for the seizure or detention, but if no such grounds are shown,
the court may award costs and damages to any party aggrieved and
make such other order in the premises as the court thinks just.
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Measurement of Ship and Tonnage |
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94. The Governor in Council may make regulations
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95. (1) Subject to subsection (2), a copy of each regulation that the
Governor in Council proposes to make under paragraph 94(a) shall be
published in the Canada Gazette at least ninety days before the
proposed effective date thereof, and a reasonable opportunity within
those ninety days shall be afforded to ship owners, masters, seamen and
other interested persons to make representations to the Minister with
respect thereto.
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(2) Subsection (1) does not apply in respect of a proposed regulation
that
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nor does subsection (1) apply where the Governor in Council is satisfied
that an emergency situation exists and that compliance with subsection
(1) would therefore be prejudicial to the public interest.
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100. Whenever the tonnage of any ship has been ascertained and
registered in accordance with the tonnage regulations of this Act, that
tonnage shall henceforth be deemed to be the tonnage of the ship and
shall be repeated in every subsequent registry thereof, unless any
alteration is made in the form or capacity of the ship, or unless it is
discovered that the tonnage of the ship has been erroneously computed,
and in either of those cases the ship shall be re-measured, and its
tonnage determined and registered according to the tonnage regulations
of this Act.
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101. (1) Where the Board is satisfied that a foreign country has in
force tonnage rules having substantially the same effect as the tonnage
regulations of this Act, the Board may declare, subject to any conditions
or qualifications it deems appropriate, that the ships registered in that
country shall, without being re-measured or having their tonnage
recalculated in Canada in accordance with the tonnage regulations of
this Act, be deemed to be of the tonnage denoted in their certificates of
registry or other national papers.
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(2) Where it is made to appear to the Minister that the tonnage of any
foreign ship, as calculated by the rules of the country in which the ship
is registered, materially differs from that which would be the ship's
tonnage if calculated in accordance with the tonnage regulations of this
Act, the Minister may order that, notwithstanding any declaration of the
Board under subsection (1), any of the ships registered in that country
must, for any or all of the purposes of this Act, be re-measured or have
their tonnage recalculated in Canada in accordance with the tonnage
regulations of this Act.
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103. The Minister may appoint
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an officer, in this Act called a ``surveyor of ships'', to superintend the
survey and measurement of ships in conformity with this Act.
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104. All duties in relation to the survey and measurement of ships
shall be performed by surveyors of ships under this Act in accordance
with regulations made by the Minister.
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105. (1) Such fees as the Governor in Council may determine and
such travel expenses as the Minister may establish shall be paid in
respect of the survey and the measurement of a ship's tonnage.
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(2) The fees and travel expenses determined and established under
subsection (1) shall, where the Minister directs, be paid to the surveyor
of ships by the person requiring his services, and any surveyor of ships
may, in any case, withhold his certificate or any other documents
required of him until the fees and travel expenses are paid.
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(3) The Minister may direct that the fees and travel expenses paid to
a surveyor of ships shall be retained by him in lieu of salary or other
remuneration for his services.
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106. A person having power to levy tonnage rates on ships may, if
that person thinks fit, with the consent of the Minister, levy those
tonnage rates on the register tonnage of the ships as determined by the
tonnage regulations of this Act, notwithstanding that any Act of merely
local application or regulations under which those rates are levied
provide for levying those rates on some different system of tonnage
measurement.
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Licensing of Small Vessels |
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108. The Governor in Council may, notwithstanding anything in this
Part, make regulations
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Clause 4: New.
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Clause 5: Section 314.1 reads as follows:
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314.1 (1) Subject to subsection (2), a copy of each regulation that the
Governor in Council proposes to make under section 314 shall be
published in the Canada Gazette at least ninety days before the
proposed effective date thereof, and a reasonable opportunity within
those ninety days shall be afforded to ship owners, masters, seamen and
other interested persons to make representations to the Minister with
respect thereto.
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(2) Subsection (1) does not apply in respect of a proposed regulation
that
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nor does subsection (1) apply where the Governor in Council is satisfied
that an emergency situation exists and that compliance with subsection
(1) would therefore be prejudicial to the public interest.
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Clause 6: New.
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Clause 7: Section 319.1 reads as follows:
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319.1 (1) Subject to subsection (2), a copy of each regulation that the
Governor in Council proposes to make under subsection 319(4) shall be
published in the Canada Gazette at least ninety days before the
proposed effective date thereof, and a reasonable opportunity within
those ninety days shall be afforded to ship owners, masters, seamen and
other interested persons to make representations to the Minister with
respect thereto.
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(2) Subsection (1) does not apply in respect of a proposed regulation
that
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nor does subsection (1) apply where the Governor in Council is satisfied
that an emergency situation exists and that compliance with subsection
(1) would therefore be prejudicial to the public interest.
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Clause 8: New. The relevant portion of subsection
338(1) reads as follows:
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338. (1) The Governor in Council may make regulations respecting
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Clause 9: New.
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Clause 10: Subsection 391(5) reads as follows:
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(5) For the purposes of subsection (3), the court shall require any
surveyor of ships appointed under this Act, or any person appointed for
the purpose by the Minister, or, if such a surveyor or person cannot be
obtained without unreasonable expense or delay, or is not, in the
opinion of the court, competent to deal with the special circumstances
of the case, any other impartial surveyor appointed by the court, and
having no interest in the ship, its freight or cargo, to survey the ship and
to answer any question concerning it that the court may think fit to put.
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Clause 11: The relevant portion of section 406 reads
as follows:
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406. Steamships not in excess of five tons gross tonnage that do not
carry more than twelve passengers and that are not pleasure yachts are
exempt from annual inspection and from the regulations made under
section 338 other than those respecting
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Clause 12: New.
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Clause 13: Section 440 reads as follows:
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440. Every receiver of wrecks shall, within forty-eight hours after
taking possession of any wreck, cause to be posted up in the
custom-house nearest to the place where the wreck was found or was
seized by or delivered to him, a description of the wreck and of any
marks by which it is distinguished, and shall also transmit a similar
description to the Minister, who may give such publicity to that
description as he thinks fit.
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Clause 14: Section 445 reads as follows:
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445. (1) Where no owner establishes a claim to a wreck before the
expiration of a year from the date at which it has come into the
possession of the receiver of wrecks, the wreck, if unsold, shall be sold
by such persons and in such manner as the Minister directs.
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(2) The proceeds of the sale shall, after payment of expenses, costs,
fees and salvage, be paid over to the Receiver General, to form part of
the Consolidated Revenue Fund.
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Clause 15: Section 447.1 is new. Section 448 reads as
follows:
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448. Every person who wilfully impedes a receiver of wrecks in the
execution of his duty, or defaults in appearing or giving evidence before
him, is guilty of an offence and liable to a fine not exceeding four
hundred dollars.
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Clause 16: Section 641 reads as follows:
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641. This Act does not, except where specially provided, apply to
ships belonging to Her Majesty.
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Clause 17: Section 649 reads as follows:
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649. Not more than one action lies for and in respect of the same
subject-matter of complaint, and every action shall be commenced not
later than twelve months after the death of a deceased.
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Clause 18: New. The relevant portion of subsection
657(1) reads as follows:
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657. (1) The Governor in Council may make regulations
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Clause 19: (1) New. The relevant portion of
subsection 660.2(4) reads as follows:
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(4) The operator of an oil handling facility that is designated
pursuant to subsection (8) shall
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(2) Subsection 660.2(7) reads as follows:
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(7) Subject to any terms and conditions that the Minister considers
appropriate, the Minister may exempt any ship or class of ships or any
operator of an oil handling facility from the application of any provision
of this section in case of an emergency and where the exemption is in
the interest of preventing damage to property or the environment or is
in the interest of public health or safety, and every such exemption shall
be published in the Canada Gazette.
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Clause 20: New.
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Coastal Fisheries Protection Act |
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Clause 29: The definition ``Canadian fishing vessel''
in section 2 reads as follows:
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``Canadian fishing vessel'' means a fishing vessel
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Coasting Trade Act |
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Clause 30: The definition ``Canadian ship'' in
subsection 2(1) reads as follows:
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``Canadian ship'' means a ship
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Clause 31: The relevant portion of subsection 16(10)
reads as follows:
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(10) Forthwith on making an application under subsection (8) or (9),
the Minister of Transport shall, by registered mail, give notice of the
application to
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Crown Liability and Proceedings Act |
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Clause 32: Subsection 6(2) reads as follows:
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(2) Where, for the purposes of any proceedings under this Act, it is
necessary to ascertain the tonnage of a ship that has no register tonnage
within the meaning of the Canada Shipping Act, the tonnage of the ship
shall be ascertained in accordance with section 94 of that Act.
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Customs and Excise Offshore Application Act |
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Clause 33: The definition ``British ship'' in
subsection 2(1) reads as follows:
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``British ship'' has the same meaning as in the Canada Shipping Act;
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Canada Shipping Act |
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Clause 34: Sections 360 and 361 read as follows:
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360. (1) The administration of the fund created by chapter 114 of the
Statutes of the former Province of Canada, 1848-49 (12 Vict. c. 114),
and other Acts relating thereto, shall be vested in the Quebec's Pilots'
Corporation, which has the same rights and powers that the Trinity
House of Quebec possessed on the 8th day of April 1875 in relation to
that fund, and shall administer the fund in conformity with those Acts.
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(2) The Quebec's Pilots' Corporation shall not invest any moneys
belonging to the Pilots' Fund otherwise than in such securities as are by
law approved for the investments of moneys by trustees.
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(3) The Quebec's Pilots' Corporation shall, within seven days after
the 1st day of February in each year, make a report to the Minister of its
administration of the Pilots' Fund, with an account of the assets and
liabilities of that Fund, and showing in detail the receipts and
expenditures with respect to the fund, and the investments of any
moneys belonging thereto, with such further information and in such
manner and form as the Minister from time to time directs.
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361. Every pilot fund shall be applied as follows and in the following
order:
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