Bill C-15
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Incorporation by Reference |
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Externally
produced
material
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10. (1) A regulation made under this Act
may incorporate by reference material
produced by a person or body other than the
authority making the regulation, including
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Reproduced
or translated
material
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(2) A regulation made under this Act may
incorporate by reference material that the
authority making the regulation reproduces or
translates from material produced by a person
or body other than that authority
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Jointly
produced
material
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(3) A regulation made under this Act may
incorporate by reference material that the
authority making the regulation produces
jointly with another government or
government agency for the purpose of
harmonizing the regulation with other laws.
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Internally
produced
standards
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(4) A regulation made under this Act may
incorporate by reference technical or
explanatory material that the authority
making the regulation produces, such as
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Incorporation
as amended
from time to
time
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(5) Material may be incorporated by
reference as amended from time to time.
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Incorporated
material is not
a regulation
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(6) Material that is incorporated by
reference in a regulation made under this Act
is not a regulation for the purposes of the
Statutory Instruments Act.
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Authority
making
regulations
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(7) If a regulation is authorized to be made
by the Governor in Council, the minister who
recommends the making of it to the Governor
in Council is deemed to be an authority who is
authorized to make the regulation.
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Defence
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11. No person or ship may be convicted of
an offence or subjected to a penalty for the
contravention of a provision of a regulation
made under this Act that incorporates material
by reference, unless it is proved that, at the
time of the alleged contravention,
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PART I |
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REGISTRATION, LISTING, RECORDING AND LICENSING |
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Canadian Register of Ships and Registrars |
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Appointment
of Chief
Registrar
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12. The Minister is to appoint an officer to
be known as the Chief Registrar.
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Duties of
Chief
Registrar
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13. (1) The Chief Registrar is responsible
for establishing and maintaining a register to
be known as the Canadian Register of Ships.
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Records
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(2) The Register is to contain records of the
information and documents specified by the
Chief Registrar in respect of a Canadian ship,
including
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Registrars
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14. (1) The Chief Registrar may appoint the
registrars that the Chief Registrar considers
necessary.
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Duties of
registrars
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(2) A registrar is to perform the duties and
responsibilities that the Chief Registrar
assigns to the registrar.
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Immunity
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15. The Chief Registrar and the registrars
are not personally liable for anything they do
or omit to do in good faith under this Act.
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Registration, Listing and Recording |
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Mandatory
registration -
ships that
exceed 15
tons
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16. (1) Every ship that exceeds 15 tons gross
tonnage, is owned only by qualified persons
and is not registered in a foreign country must
be registered under this Part.
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Obligation of
owner
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(2) Every owner of a ship described in
subsection (1) shall ensure that it is registered
under this Part.
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Mandatory
registration -
government
ships
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(3) Every government ship that exceeds 15
tons gross tonnage must be registered under
this Part.
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Optional
registration
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17. Unless they are registered in a foreign
country, the following ships may be registered
under this Part:
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Ships
registered in a
foreign
country
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18. A ship registered in a foreign country
that is bare-boat chartered exclusively to a
qualified person may be listed under this Part
as a bare-boat chartered ship 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 country.
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Ships under
construction
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19. A ship that is about to be built or that is
under construction in Canada may be
temporarily recorded in the Register as a ship
being built in Canada.
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Ships built
outside
Canada
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20. Notwithstanding sections 16, 17 and 18,
the Minister may direct the Chief Registrar to
refuse to register or list a ship built outside
Canada.
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Application |
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Application
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21. (1) An application for the registration,
listing or recording of a ship must be made in
the form and manner and include the
information and be accompanied by the
documents specified by the Chief Registrar.
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Further
evidence
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(2) In addition to the specified information
or documentation, the Chief Registrar may
require an applicant to provide evidence,
including declarations, that the Chief
Registrar considers necessary to establish that
a ship is required or entitled to be registered or
is entitled to be listed or recorded.
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Names of Ships |
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Name of ship
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22. (1) Every ship must be named in the
form and manner specified by the Chief
Registrar before being registered or listed.
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Approval of
names
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(2) The Chief Registrar may, on
application, approve the name of a ship before
it is registered or listed and approve a change
in the name of a Canadian ship.
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Disallowance
of names
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(3) The Chief Registrar must disallow any
name if
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Requiring
renaming
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(4) The Minister may order that a Canadian
ship be renamed if the Minister considers that
its name would prejudice the international
reputation of Canada.
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Ownership of Ships |
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Shares
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23. (1) For the purposes of registration, a
ship is divided into 64 shares.
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Registered
owners
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(2) Subject to subsections (3) and (4), only
owners, or joint owners, of a ship or of one or
more shares in a ship may be registered in the
Register as owners of the ship or shares, as the
case may be.
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Registered
owners -
financing
agreements
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(3) In the case of a ship described in
paragraph 17(c) (a ship subject to a financing
agreement), persons referred to in that
paragraph are to be registered in the Register
as the owners of the ships.
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Bare-boat
charterers
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(4) In the case of a ship described in section
18 (a bare-boat chartered ship), no person is to
be registered in the Register as an owner of the
ship.
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Registration
of joint
owners
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(5) No more than five persons may be
registered in the Register as joint owners of a
ship or a share in a ship.
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Disposition of
registered
joint interests
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(6) A registered jointly owned interest in a
ship or a share in a ship may be disposed of
only by all of the joint owners.
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Registration
of fractions
prohibited
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(7) No person may be registered as the
owner of a fractional part of a share in a ship.
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No effect on
beneficial
owners
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(8) This section does not affect the
beneficial interests of a person represented by
or claiming through an owner of a ship or a
share in a ship.
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Trusts not
recognized
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(9) No notice of a trust may be entered in the
Register.
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Certificates |
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Certificates of
registry
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24. (1) If the Chief Registrar is satisfied that
all of the requirements of registration or listing
have been met with respect to a ship, the Chief
Registrar must register or list the ship, as the
case may be, in the Register and issue a
certificate of registry.
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Information
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(2) Every certificate of registry in respect of
a ship must contain the information specified
by the Chief Registrar, including
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Validity of
certificates of
registry
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(3) Certificates of registry are valid for the
period that the Minister specifies.
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Provisional
certificates
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25. (1) The Chief Registrar may, on
application, issue a provisional certificate in
respect of a ship that is required or entitled to
be registered under this Part if the ship
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Issuance
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(2) The Chief Registrar may, on
application, issue a provisional certificate in
respect of a ship that is not required or entitled
to be registered under this Part if the Chief
Registrar is satisfied that the ship needs to
undergo sea trials.
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Validity
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(3) A provisional certificate is valid for the
purpose and the period that the Chief Registrar
specifies.
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Application
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(4) An application for a provisional
certificate must be made in the form and
manner and include the information and be
accompanied by the documents specified by
the Chief Registrar.
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Lost
certificates
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26. If a certificate of registry or provisional
certificate is mislaid, lost or destroyed, the
Chief Registrar, on application made by the
authorized representative of the ship in the
form and manner and including the
information and accompanied by the
documents specified by the Chief Registrar,
must issue a replacement certificate of
registry or provisional certificate, as the case
may be.
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