Bill C-15

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	Marking
Marking	27. (1) The authorized representative of a Canadian ship shall, in the form and manner specified by the Chief Registrar, mark the ship with its name, its register tonnage, its official number and any other information that the Chief Registrar specifies.
Validity of certificate of registry	(2) A ship's certificate of registry is not valid until the ship has been marked in accordance with subsection (1).
Maintenance of markings	(3) The authorized representative shall ensure that the ship is kept marked.
Defacing, etc., markings	(4) No person shall deface, alter, conceal or remove the markings of a Canadian ship.
	Notifying Chief Registrar
Notification of changes	28. (1) The authorized representative of a Canadian ship shall notify the Chief Registrar within 30 days after any of the following occurs:
	(a) the ship is lost, wrecked or removed from service;
	(b) there has been a change in the owner's or a registered mortgagee's name or address;
	(c) there has been a change in the information provided with the application under section 21; or
	(d) in the case of a ship described in section 18 (a bare-boat chartered ship),
	(i) the right to fly the flag of the foreign country is reinstated, or
	(ii) the charterer ceases to have complete control and possession of the ship.
Notification of alterations	(2) If a Canadian ship is altered to the extent that it no longer corresponds with its description or particulars set out on the certificate of registry, the authorized representative of the ship shall
	(a) notify the Chief Registrar within 30 days after the alteration; and
	(b) arrange for a new tonnage certificate to be provided to the Chief Registrar.
Notification of changes	(3) If for any reason a Canadian ship does not have an authorized representative, its owner shall notify the Chief Registrar
	(a) of that fact as soon as possible in the circumstances; and
	(b) within 30 days after any of the events referred to in subsection (1) or (2) occurs.
Notification of completion of construction	(4) Within 30 days after completion of the construction of a ship that is recorded as being built in Canada, the person in whose name the ship is recorded shall notify the Chief Registrar of that fact and of the name and address of its owner.
	Maintenance of Register
Amendments	29. The Chief Registrar may amend the Register or a certificate of registry to give effect to changes of which the Chief Registrar has been notified under section 28 or to correct any clerical errors or obvious mistakes.
	Suspension, Cancellation and Reinstatement of Registration
Suspension and cancellation	30. (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration or listing of a Canadian ship if
	(a) it is not marked in accordance with subsection 27(1);
	(b) its certificate of registry has expired;
	(c) it does not have an authorized representative; or
	(d) its authorized representative has not complied with section 28.
Cancellation	(2) Subject to the regulations, the Chief Registrar must cancel the registration or listing of a Canadian ship if
	(a) it has been lost, wrecked or removed from service;
	(b) it is no longer required or entitled to be registered or entitled to be listed under this Part; or
	(c) in the case of a registered ship, a tonnage certificate provided by a tonnage measurer indicates that the ship should be re-registered.
Notice before cancellation	(3) If a Canadian ship is not required or entitled to be registered under this Part after its ownership changes, the Chief Registrar must, before cancelling its registration under paragraph (2)(b), give the owners and registered mortgagees
	(a) notice, in accordance with the regulations, of the change in ownership; and
	(b) an opportunity that, in the opinion of the Chief Registrar, is sufficient to transfer the ship or shares to a qualified person or to make an application under section 46.
Cancellation of registration	(4) Except in the case of a ship described in paragraph 17(c) (a ship subject to a financing agreement), the Chief Registrar must cancel the registration of a ship if a person who acquires the ship or a share in it does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the ship is required or entitled to be registered under this Part.
Registration of mortgages not affected	31. The cancellation of the registration of a ship does not affect the registration of mortgages in respect of the ship.
Reinstate- ment	32. The Chief Registrar may reinstate the registration or listing of a ship if, in the Chief Registrar's opinion, the registration or listing of the ship should not have been cancelled.
	Custody of Certificates of Registry
Carrying on board ship	33. (1) Subject to subsection (3), no person shall operate a ship in respect of which a certificate of registry or provisional certificate has been issued unless the certificate is on board the ship.
Delivery of certificate	(2) A person who is in possession of a ship's certificate of registry or provisional certificate shall deliver it to the person who is entitled to operate the ship.
Delivery of certificate	(3) A person who is in possession of a certificate of registry or a provisional certificate issued under this Part shall deliver it to the Chief Registrar on request.
Detention of certificate	(4) A certificate of registry or provisional certificate is not subject to detention because of any title to, lien on, charge on or interest in the ship that is claimed by an owner, mortgagee, charterer or operator of the ship, or by any other person.
	Rights and Obligations
Right to fly Canadian flag	34. (1) A Canadian ship has the right to fly the Canadian flag.
Obligation to fly flag	(2) The master of a Canadian ship shall fly the Canadian flag
	(a) when signalled to do so by a government ship or a ship under the command of the Canadian Forces; or
	(b) when entering or leaving, or while moored at or anchored in, a port.
Exception	(3) The Chief Registrar may, on application, suspend the registration of a Canadian ship in respect of the right to fly the Canadian flag while the ship is shown on the registry of a foreign country as a bare-boat chartered ship.
	Calculation of Ships' Tonnage
Appointment of tonnage measurers	35. The Minister may appoint persons, to be known as tonnage measurers, to calculate ships' tonnage.
Fees and travel expenses	36. A tonnage measurer may withhold the tonnage certificate in respect of a ship until the person requesting it pays the tonnage measurer's fees and travel expenses. The Minister may set limits on the fees and travel expenses that may be charged.
	Mortgages
Mortgage of ship or share	37. (1) The owner of a ship registered under this Part, of a share in one or of a ship recorded as being built in Canada may give the ship or share, as the case may be, as security for a mortgage to be registered under this Part.
Filing of mortgage	(2) A mortgage is to be filed with the Chief Registrar in the form and manner specified by the Chief Registrar.
Date and time of registration	(3) A mortgage is to be registered in the order in which it is filed, indicating the date and time of the registration.
Entry of discharge of mortgage	38. On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.
Priority of mortgages	39. (1) If more than one mortgage is registered in respect of the same ship or share in a ship, the priority among the mortgages is according to the date and time of registration.
Consent to change in priority	(2) The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.
Mortgagee not treated as owner	40. A mortgage of a ship or a share in a ship does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the ship, except to the extent necessary to make the ship or share available as security under the mortgage.
Mortgagee has power of sale	41. (1) A mortgagee of a ship or a share in a ship has the absolute power, subject to any limitation set out in the registered mortgage, to sell the ship or the share.
Restriction	(2) If there is more than one registered mortgage of the same ship or share, a subsequent mortgagee may not, except under the order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of ships, sell the ship or share without the agreement of every prior mortgagee.
Mortgage not affected by bankruptcy	42. The mortgage of a ship or a share in a ship is not affected by the bankruptcy of the mortgagor after the date of the registration of the mortgage, and the mortgage is to be preferred to any right, claim or interest in the ship or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.
Transfer of mortgages	43. (1) A registered mortgage of a ship or a share in a ship may be transferred to any person, in which case the instrument effecting the transfer must by filed in the form and manner specified by the Chief Registrar.
Entry of particulars	(2) The Chief Registrar is to enter the particulars of the transfer in the Register.
Transmission of interest of mortgagee	44. (1) If the interest of a mortgagee in a ship or a share in a ship is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 43, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.
Entry of particulars	(2) The Chief Registrar is to enter the particulars of the transmission in the Register.
	Transfers of Ships or Shares in Ships
Transfer	45. If the ownership of a Canadian ship or a share in one changes and the ship is still required or entitled to be registered under this Part,
	(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the ship is required or entitled to be registered; and
	(b) the Chief Registrar must amend the Register and the ship's certificate of registry to reflect the change.
Order for sale on acquisition by an unqualified person	46. If an unqualified person acquires a Canadian ship, other than a ship described in paragraph 17(b) (a ship owned by a foreign corporation), a ship described in paragraph 17(c) (a ship subject to a financing agreement) or a ship described in section 18 (a bare-boat chartered ship), or a share in one, any interested person may apply to the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of ships, for an order that the ship or share, as the case may be, be sold to a qualified person.
Power of court to prohibit transfer	47. On the application of any interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of ships, may make an order prohibiting for a specified period any dealing with a Canadian ship or a share in one.