;

Bill C-15

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	Incorporation by Reference
Externally produced material	10. (1) For greater certainty, 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
	(a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;
	(b) an industrial or trade organization; and
	(c) a government, government agency or international body.
Reproduced or translated material	(2) For greater certainty, 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
	(a) with any adaptations of form and reference that will facilitate the incorporation of the material in the regulation; or
	(b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.
Jointly produced material	(3) For greater certainty, 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.
Internally produced standards	(4) For greater certainty, a regulation made under this Act may incorporate by reference technical or explanatory material that the authority making the regulation produces, such as
	(a) specifications, classifications, illustrations, graphs and other information of a technical nature; and
	(b) test methods, procedures, operational standards, safety standards and performance standards of a technical nature.
Incorporation as amended from time to time	(5) For greater certainty, material may be incorporated by reference as amended from time to time.
Incorporated material is not a regulation	(6) For greater certainty, 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.
Authority making regulations	(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.
Defence	11. For greater certainty, 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,
	(a) the material was reasonably accessible to the person or ship;
	(b) reasonable steps had been taken to ensure that the material was accessible to persons or ships likely to be affected by the regulation; or
	(c) the material had been published in the Canada Gazette.
	PART I
	REGISTRATION, LISTING, RECORDING AND LICENSING
	Canadian Register of Ships and Registrars
Appointment of Chief Registrar	12. The Minister is to appoint an officer to be known as the Chief Registrar.
Duties of Chief Registrar	13. (1) The Chief Registrar is responsible for establishing and maintaining a register to be known as the Canadian Register of Ships.
Records	(2) The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian ship, including
	(a) its name and description;
	(b) its official number;
	(c) its register tonnage;
	(d) the name and address of its owner; and
	(e) details of all mortgages registered in respect of it.
Registrars	14. (1) The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary.
Duties of registrars	(2) A registrar is to perform the duties and responsibilities that the Chief Registrar assigns to the registrar.
Immunity	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.
	Registration, Listing and Recording
Mandatory registra- tion - ships that exceed 15 tons	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.
Obligation of owner	(2) Every owner of a ship described in subsection (1) shall ensure that it is registered under this Part.
Mandatory registra- tion - government ships	(3) Every government ship that exceeds 15 tons gross tonnage must be registered under this Part.
Optional registration	17. Unless they are registered in a foreign country, the following ships may be registered under this Part:
	(a) a ship that is owned only by qualified persons and that does not exceed 15 tons gross tonnage;
	(b) a ship that is owned by a corporation incorporated under the laws of a country other than Canada if one of the following is acting with respect to all matters relating to the ship, namely,
	(i) a subsidiary of the corporation that is incorporated under the laws of Canada or a province,
	(ii) an employee or director in Canada of any branch office of the corporation that is carrying on business in Canada, or
	(iii) a ship management company incorporated under the laws of Canada or a province; and
	(c) a ship that is in the exclusive possession of a qualified person under a financing agreement under which the person will acquire ownership on completion of the agreement.
Ships registered in a foreign country	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.
Ships under construction	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.
Ships built outside Canada	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.
	Application
Application	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.
Further evidence	(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.
	Names of Ships
Name of ship	22. (1) Every ship must be named in the form and manner specified by the Chief Registrar before being registered or listed.
Approval of names	(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.
Disallowance of names	(3) The Chief Registrar must disallow any name if
	(a) it is the same as the name of a Canadian ship;
	(b) it is likely, in the opinion of the Chief Registrar, to be confused with the name of a Canadian ship or with a distress signal;
	(c) it is likely, in the opinion of the Chief Registrar, to be offensive to members of the public; or
	(d) its use is prohibited under any other Act of Parliament.
Requiring renaming	(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.
	Ownership of Ships
Shares	23. (1) For the purposes of registration, the property in a ship is divided into 64 shares.
Registered owners	(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.
Registered owners - financing agreements	(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.
Bare-boat charterers	(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.
Registration of joint owners	(5) No more than five persons may be registered in the Register as joint owners of a ship or a share in a ship.
Disposition of registered joint interests	(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.
Registration of fractions prohibited	(7) No person may be registered as the owner of a fractional part of a share in a ship.
No effect on beneficial owners	(8) This section does not affect the beneficial interests of a person represented by or claiming through an owner of a ship or a share in a ship.
Trusts not recognized	(9) No notice of a trust may be entered in the Register.
	Certificates
Certificates of registry	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.
Information	(2) Every certificate of registry in respect of a ship must contain the information specified by the Chief Registrar, including
	(a) its name and description;
	(b) its official number;
	(c) its register tonnage; and
	(d) the name and address of
	(i) in the case of a ship described in paragraph 17(b) (a ship owned by a foreign corporation), its authorized representative,
	(ii) in the case of a ship described in section 18 (a bare-boat chartered ship), the bare-boat charterer, and
	(iii) in any other case, its owner.
Validity of certificates of registry	(3) Certificates of registry are valid for the period that the Minister specifies.
Provisional certificates	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
	(a) is in a foreign port and a person intends to register it under this Part; or
	(b) is in a port in Canada and the Chief Registrar is satisfied that permission to operate the ship should be granted before a certificate of registry can be issued.
Issuance	(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.
Validity	(3) A provisional certificate is valid for the purpose and the period that the Chief Registrar specifies.
Application	(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.
Lost certificates	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.