Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Marginal note:Suspension and cancellation

• 75.11 (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration of a fleet if

  • (a) any one of the fleet’s vessels is not marked in accordance with subsection 57(1);

  • (b) the fleet’s certificate of registry has expired;

  • (c) the fleet does not have an authorized representative; or

  • (d) section 75.1 has not been complied with.

• Marginal note:Cancellation — fleet

  (2) Subject to the regulations, the Chief Registrar must cancel the registration of a fleet if it no longer qualifies for registration under this Part.

• Marginal note:Evidence

  (3) The Chief Registrar must cancel the registration of a fleet if a person who acquires the fleet does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the fleet still qualifies for registration under this Part.

Marginal note:Reinstatement

75.12 The Chief Registrar may reinstate the registration of a fleet if, in his or her opinion, the registration of the fleet should not have been cancelled.

Marginal note:Delivery of certificate

75.13 A person who is in possession of a fleet’s certificate of registry shall deliver it to the person who is entitled to operate the fleet.

Marginal note:Change of ownership

75.14 If the ownership of a fleet changes and the fleet still qualifies 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 fleet still qualifies to be so registered; and

• (b) the Chief Registrar must amend the Register and the certificate of registry to reflect the change.

Entries

Marginal note:Copies of entries

76 A person may examine or obtain copies of any entries in the Register with respect to a vessel or fleet.

Regulations

Marginal note:Regulations

77 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

• (a) respecting the registration of vessels and fleets and the listing and recording of vessels;

• (b) respecting the issuance and renewal of certificates of registry;

• (c) respecting the suspension and cancellation of the registration of a Canadian vessel or a fleet, and the suspension and cancellation of the listing of a Canadian vessel;

• (d) respecting the naming and marking of vessels;

• (e) respecting the port of registration;

• (f) respecting the form and manner of notifying the Chief Registrar under sections 58 and 75.1;

• (g) respecting the evidence that owners of vessels previously registered in a foreign state must provide to prove that the vessels are no longer registered in the foreign state;

• (h) respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and

• (h.1) respecting the exemption of vessels or classes of vessels from the registration requirement in subsection 46(1);

• (h.2) authorizing the Minister to exempt, by order, vessels or classes of vessels from the registration requirement in subsection 46(1) for the period specified in the regulations and on any terms and conditions that he or she considers appropriate, if he or she is of the opinion that the exemption is not likely to adversely affect marine safety, and authorizing the Minister to amend or revoke an exemption;

• (h.3) respecting an authorization under paragraph (h.2); and

• (i) prescribing anything that may be prescribed under this Part.

Offences and Punishment

Marginal note:Contravention of Act or regulations

• 78 (1) Every person commits an offence who contravenes

  • (a) subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or

  • (b) a provision of the regulations made under paragraph 77(h).

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Marginal note:Contravention of Act or regulations

• 79 (1) Every person commits an offence who contravenes

  • (a) subsection 46(2) (register vessel);

  • (b) an order made under subsection 52(4) (renaming of vessel);

  • (c) subsection 57(1) (mark vessel);

  • (d) subsection 57(3) (maintenance of markings);

  • (e) subsection 58(1) (notify of changes — authorized representative);

  • (f) subsection 58(2) (notify of alteration — authorized representative);

  • (g) subsection 58(3) (notify if no authorized representative — owner);

  • (h) subsection 58(4) (notify of completion of construction);

  • (i) subsection 63(1) (operation of vessel without a certificate on board);

  • (j) subsection 63(2) (deliver certificate to person entitled to operate vessel);

  • (k) subsection 63(3) (deliver certificate to Chief Registrar);

  • (l) subsection 64(2) (fly Canadian flag);

  • (l.1) subsection 75.09(2) (maintenance of markings);

  • (l.2) subsection 75.1(1) (notification of changes — name and address);

  • (l.3) subsection 75.1(2) (notification of changes — number of vessels);

  • (l.4) subsection 75.1(3) (notification of changes — owner);

  • (l.5) section 75.13 (delivery of certificate); or

  • (m) a provision of the regulations made under any of paragraphs 77(a) to (g).

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.

• Marginal note:Continuing offence

  (3) If an offence under paragraph (1)(a) or (c) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.

PART 3Personnel

Interpretation

Definition of Minister

80 In this Part, Minister means the Minister of Transport.

Application

Marginal note:Canadian vessels

81 This Part applies in respect of Canadian vessels, other than pleasure craft, everywhere. Subsections 86(2) to (4) also apply in respect of foreign vessels in Canadian waters.

Masters

Marginal note:Presentation of documents

• 82 (1) The master of a Canadian vessel shall ensure that every person who is employed in a position on board presents to the master all Canadian maritime documents that they are required under this Part to have for that position.

• Marginal note:Sufficient and competent staff

  (2) No master of a Canadian vessel shall operate it unless it is staffed with a crew that is sufficient and competent for the safe operation of the vessel on its intended voyage, and is kept so staffed during the voyage.

• Marginal note:Obstruction prohibited

  (3) No crew member shall wilfully obstruct a master’s operation of a Canadian vessel unless the master is, without just cause, putting at risk the safety of the vessel or of any person on board.

Marginal note:Detention of persons

• 83 (1) The master of a Canadian vessel may detain any person on board if the master has reasonable grounds to believe that it is necessary to do so to maintain good order and discipline on the vessel or for the safety of the vessel or of persons or property on board. The detention may last only as long as necessary to maintain order and discipline or to ensure the safety of persons or property.

• Marginal note:Custody

  (2) The master of a Canadian vessel on a voyage may take into custody without warrant any person on board who the master has reasonable grounds to believe has committed an offence under this Act or any other Act of Parliament, and must as soon as feasible deliver that person to a peace officer.

• Marginal note:Use of force on a voyage

  (3) The master of a Canadian vessel on a voyage is justified in using as much force as the master believes on reasonable grounds is necessary for the purpose of maintaining good order and discipline on the vessel, but the master must not use force that is intended or is likely to cause death or grievous bodily harm unless the master believes on reasonable grounds that it is necessary for self-preservation or the preservation of anyone on the vessel from death or grievous bodily harm.

Stowaways and Other Persons

Marginal note:Liable for discipline

84 Every person whom the master of a Canadian vessel is compelled to take on board and convey, and every person who stows away on a Canadian vessel or hides in cargo that is subsequently loaded on a Canadian vessel, is, as long as the person remains on board, subject to the same rules and orders for preserving discipline, and to the same punishments for contravening the rules or orders constituting or tending to a breach of discipline, as are crew members.

Contract of Employment

Marginal note:Masters’ contracts

• 85 (1) In every contract of employment between the authorized representative and the master of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage.

• Marginal note:Crew members’ contracts

  (2) In every contract of employment between the authorized representative and a crew member of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative, the master and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage.

• Marginal note:Exception

  (3) Nothing in this section subjects the authorized representative of a Canadian vessel to any liability by reason of the vessel’s being sent to sea in an unseaworthy condition if sending the vessel to sea in that condition was reasonable and justifiable in order to mitigate unsafe circumstances.

Liens and Claims

Marginal note:Liens

• 86 (1) The master, and each crew member, of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of their employment on the vessel, including in respect of wages and costs of repatriation that are payable to the master or crew member under any law or custom.

• Marginal note:Foreign liens

  (2) The master and each crew member of a vessel on whom a maritime lien against the vessel is conferred by a jurisdiction other than Canada in respect of employment on the vessel has a maritime lien against the vessel.

• Marginal note:Liens for necessaries

  (2.1) The master of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of disbursements made or liabilities incurred by the master for necessaries on account of the vessel.

• Marginal note:Claims

  (3) The master, and each crew member, of a vessel may maintain an action against the vessel in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for claims in respect of which a lien is conferred by subsection (1), (2) or (2.1).

• Marginal note:Priority

  (4) Liens conferred by subsection (1) or (2) rank in priority to all other claims, secured or unsecured, against the vessel, other than

  • (a) claims for costs relating to the arrest and the judicial sale of the vessel; or

  • (b) any lien arising from a claim for salvage in respect of the vessel.

• Marginal note:Priority — liens for necessaries

  (5) Liens conferred by subsection (2.1) rank in priority to all other claims, secured or unsecured, against the vessel, other than

  • (a) liens conferred by subsection (1) or (2);

  • (b) claims for costs relating to the arrest and the judicial sale of the vessel; or

  • (c) any lien arising from a claim for salvage in respect of the vessel.