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Bill C-35

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First Reading

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	(c) respecting the form and manner of giving notice under Part 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response - Department of Fisheries and Oceans) or 10 (Pleasure Craft); and
	(d) respecting the setting and payment of fees for services provided in the administration of Part 5 (Navigation Services), 7 (Wreck), other than section 165, 8 (Pollution Prevention and Response - Department of Fisheries and Oceans) or 10 (Pleasure Craft) or the regulations made under any of those Parts.
	Fees
Debt due to Her Majesty	36. (1) All fees imposed under paragraph 35(1)(g) or (3)(d) and interest payable on those fees constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Payment of fees	(2) If a fee is imposed under paragraph 35(1)(g) or (3)(d)
	(a) in respect of a pleasure craft, its owner is liable for payment of the fee and any interest payable on it; and
	(b) in respect of any other vessel, the authorized representative and the master are jointly and severally or solidarily liable for payment of the fee and any interest payable on it.
Seizure and detention for charges	(3) If the amount of a fee owed by an authorized representative and interest due on it have not been paid, the Minister who recommended making the regulation under paragraph 35(1)(g) or (3)(d) may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on application to the Federal Court, obtain an order of the Court, issued on the terms that the Court considers appropriate, authorizing that Minister to seize, detain and sell any vessel belonging to the authorized representative.
Release on security	(4) A Minister who obtains an order under subsection (3) must release a seized vessel from detention if security in a form satisfactory to that Minister for the amount in respect of which the vessel was seized is deposited with the Minister.
	Offences and Punishment
Contraven- tion of section 23	37. Every person who contravenes section 23 (destruction of documents, fraud, obstruction, false or misleading information or statement, movement of detained vessel) commits an offence and is liable
	(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and
	(b) on summary conviction, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years, or to both.
Contraven- tion of regulations made under par. 35(1)(d) or (3)(a)	38. (1) Every person who, or vessel or oil handling facility that, contravenes a provision of the regulations made under paragraph 35(1)(d) or (3)(a) commits an offence and is liable
	(a) on conviction on indictment,
	(i) if the offence is committed knowingly, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and
	(ii) if the offence is committed negligently, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both; and
	(b) on summary conviction,
	(i) if the offence is committed knowingly, to a fine of not more than $500,000 or to imprisonment for a term of not more than one year, or to both, and
	(ii) if the offence is committed negligently, to a fine of not more than $250,000 or to imprisonment for a term of not more than one year, or to both.
Exception	(2) If a court sentencing a person, vessel or oil handling facility under subsection (1) for contravening a provision of the regulations made under paragraph 35(1)(d) or (3)(a) is of the opinion that the provision that the person, vessel or facility contravened is equivalent to a provision of the regulations made under another provision of this Act and if the punishment provided under this Act for contravening that provision of the regulations is less than the punishment provided under subsection (1), the person, vessel or oil handling facility is liable to that lesser punishment.
Contraven- tion of Act	39. (1) Every person commits an offence who contravenes
	(a) subsection 17(2) (improper possession of a Canadian maritime document); or
	(b) subsection 28(7) (inform Chair without delay).
Punishment	(2) Every person who commits an offence under subsection (1) is liable
	(a) on conviction on indictment,
	(i) if the offence is committed knowingly, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years, or to both, and
	(ii) if the offence is committed negligently, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years, or to both; and
	(b) on summary conviction,
	(i) if the offence is committed knowingly, to a fine of not more than $50,000, and
	(ii) if the offence is committed negligently, to a fine of not more than $25,000.
Contraven- tion of Act or regulations	40. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
	(a) subsection 16(3) (cheating on an exam);
	(b) section 18 (failure to produce Canadian maritime document);
	(c) subsection 20(7) (failure to return suspended or cancelled Canadian maritime document); and
	(d) a provision of the regulations made under paragraph 35(1)(e) or (3)(b).
Punishment	(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction
	(a) if the offence is committed knowingly, to a fine of not more than $10,000; and
	(b) if the offence is committed negligently, to a fine of not more than $5,000.
	PART 2
	REGISTRATION, LISTING AND RECORDING
	Interpretation
Definition of ``Minister''	41. In this Part, ``Minister'' means the Minister of Transport.
	Canadian Register of Vessels and Registrars
Appointment of Chief Registrar	42. An officer, to be known as the Chief Registrar, is to be appointed or deployed under the Public Service Employment Act.
Duties and powers of Chief Registrar	43. (1) The Chief Registrar is responsible for establishing and maintaining a register to be known as the Canadian Register of Vessels. The Chief Registrar is to divide the Register into parts, including a small vessel register, for the classes of vessels that the Chief Registrar specifies.
Records	(2) The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian vessel, including its description, its official number, the name and address of its owner and, except in the case of a vessel registered in the small vessel register, details of all mortgages registered in respect of it.
Registrars	44. (1) The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary.
Duties of registrars	(2) A registrar is to perform the duties and fulfil the responsibilities that the Chief Registrar assigns to the registrar.
Immunity	45. The Chief Registrar and the registrars are not personally liable for anything they do or omit to do in good faith under this Act.
	Registration, Listing and Recording
Mandatory registration of vessels	46. (1) A vessel must be registered under this Part if it
	(a) is not a pleasure craft;
	(b) is owned wholly by qualified persons; and
	(c) is not a foreign vessel.
Obligation of owner	(2) Every owner of a vessel described in subsection (1) shall ensure that it is registered under this Part.
Mandatory registra- tion - government vessels	(3) Every government vessel must be registered under this Part.
Optional registration	47. Unless they are registered in a foreign state, the following vessels may be registered under this Part:
	(a) a pleasure craft that is owned wholly by qualified persons;
	(b) a vessel that is owned by a corporation incorporated under the laws of a foreign state if one of the following is acting with respect to all matters relating to the vessel, namely,
	(i) a subsidiary of the corporation incorporated under the laws of Canada or a province,
	(ii) an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada, or
	(iii) a ship management company incorporated under the laws of Canada or a province; and
	(c) a vessel that is in the exclusive possession of a qualified person under a financing agreement under which the person will acquire ownership on completion of the agreement.
Foreign vessels	48. A foreign vessel that is registered in a foreign state and that is bare-boat chartered exclusively to a qualified person may be listed under this Part as a bare-boat chartered vessel for the duration of the charter if, for the duration of the charter, the registration is suspended in respect of the right to fly the flag of that state.
Vessels under construction	49. A vessel that is about to be built or that is under construction in Canada may be temporarily recorded in the Register as a vessel being built in Canada.
Vessels built outside Canada	50. Notwithstanding sections 46 to 48, the Minister may direct the Chief Registrar to refuse to register or list a vessel built outside Canada.
	Application
Application	51. (1) An application for the registration, listing or recording of a vessel must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.
Further evidence	(2) In addition to the specified information and documents, the Chief Registrar may require an applicant to provide evidence, including declarations, that the Chief Registrar considers necessary to establish that a vessel is required or entitled to be registered or is entitled to be listed or recorded.
	Names of Vessels
Before registration or listing	52. (1) Every vessel, other than one to be registered in the small vessel register, must be named in the form and manner specified by the Chief Registrar before it is registered or listed.
Approval of names	(2) The Chief Registrar may, on application, approve the name of a vessel before it is registered or listed and approve a change in the name of a Canadian vessel.
Disallowance of names	(3) The Chief Registrar must disallow a name if
	(a) it is the same as the name of a Canadian vessel;
	(b) it is likely, in the opinion of the Chief Registrar, to be confused with the name of a Canadian vessel or with a distress signal;
	(c) it is likely, in the opinion of the Chief Registrar, to be offensive to members of the public; or
	(d) its use is prohibited under an Act of Parliament.
Requiring renaming	(4) The Minister may order that a Canadian vessel be renamed if the Minister considers that its name would prejudice the international reputation of Canada.