Bill C-15
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Incorporation by Reference |
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Externally
produced
material
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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
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Reproduced
or translated
material
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(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
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Jointly
produced
material
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(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.
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Internally
produced
standards
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(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
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Incorporation
as amended
from time to
time
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(5) For greater certainty, 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) 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.
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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. 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,
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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
registra- tion - 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
registra- tion - 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, the
property in 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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