Vessel Registration and Tonnage Regulations

Vessel Registration and Tonnage Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraphs 35(1)(d) and (f)a and section 77 of the Canada Shipping Act, 2001b, hereby makes the annexed Vessel Registration and Tonnage Regulations. S.C. 2005, c. 29, s. 16(1) S.C. 2001, c. 26 The following definitions apply in these Regulations. 1969 Convention means the International Convention on Tonnage Measurement of Ships, 1969, as amended from time to time. (Convention de 1969) Act means the Canada Shipping Act, 2001. (Loi) International Tonnage Certificate (1969) means for a Canadian vessel, a certificate issued under subsection 8(5) or section 12 or 13; and for a foreign vessel, a certificate issued under Article 7 or 8 of the 1969 Convention or paragraph 15(2)(b). (certificat international de jaugeage (1969)) length in respect of a vessel referred to in Part 1, means the distance measured parallel to the waterline from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell; and in respect of a vessel referred to in Part 2, means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that is greater, except that, in vessels designed with a rake of keel, the waterline on which the length is measured shall be parallel to the designed waterline. (longueur) Minister means the Minister of Transport. (ministre) power, in respect of an engine, means the power, in kilowatts, that the manufacturer declares has been determined in accordance with the version of International Standard ISO 8665, Small Craft — Marine Propulsion Engines and Systems — Power Measurements and Declarations, that is in effect when the engine is manufactured. (puissance) TP 13430 means the Standard for the Tonnage Measurement of Vessels, published by the Department of Transport, as amended from time to time. (TP 13430) The following classes of vessels are exempted from the registration requirement in subsection 46(1) of the Act: vessels that are equipped with one or more primary propulsion engines whose aggregate power is less than 7.5 kW; vessels that are 8.5 m or less in length and that are propelled by sail alone; human-powered vessels, other than vessels in respect of which the Special-purpose Vessels Regulations apply; and vessels that are operated by a recreational boating school for training and that are not required to hold a safety certificate under section 12 of the Vessel Safety Certificates Regulations, and were licensed under section 202 of the Act immediately before being operated by the recreational boating school for training. Subsection (1) does not apply in respect of vessels that carry more than 12 passengers. The Minister may, by order, exempt vessels or classes of vessels from the registration requirement in subsection 46(1) of the Act for one year, 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 he or she may amend or revoke the exemption. Subsection 46(3) of the Act does not apply in respect of government vessels that are equipped with one or more primary propulsion engines whose aggregate power is less than 7.5 kW; or are 8.5 m or less in length and are propelled by sail alone. A notification required under section 58 of the Act shall be in writing. The Chief Registrar shall, under paragraph 60(3)(a) of the Act, give notice of a change in ownership of a Canadian vessel to the owners and registered mortgagees not less than 30 days before cancelling its registration under paragraph 60(2)(b) of the Act. Notice may be given to an individual personally, by leaving a copy of it with the individual, or if the individual cannot conveniently be found, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual; or by sending a copy of it by ordinary mail, courier, fax or other electronic means to the last known address or usual place of residence of the individual. Notice may be served on a corporation by sending a copy of it by fax, ordinary mail or courier to the head office or place of business of the corporation or to the corporation’s agent; leaving a copy of it at the corporation’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the corporation’s agent; or sending a copy of it by electronic means other than fax to an individual referred to in paragraph (b). Notice that is given by ordinary mail under paragraph (2)(b) or (3)(a) is deemed to be given on the fourth day after the day on which it was mailed. For the purposes of subsection 60(4) of the Act, the prescribed period within which a person who acquires a vessel or a share in a vessel shall provide evidence that satisfies the Chief Registrar that the vessel is required or entitled to be registered under Part 2 of the Act is 30 days after the day on which the person acquires the vessel or the share. The owner of a vessel previously registered in a foreign state but no longer registered in that state shall provide evidence in the form of an original or true copy of a written document, such as a deletion certificate or an abstract or transcript of registry, that establishes that the vessel is no longer registered in that state and that the foreign register records the vessel as being free and clear of all encumbrances. [Repealed, SOR/2015-99, s. 4] Every Canadian vessel that navigates in any waters and is subject to the 1969 Convention shall hold and keep on board an International Tonnage Certificate (1969). An International Tonnage Certificate (1969) held by a vessel that is transferred from the register of a state that is party to the 1969 Convention to the Register remains valid until the earlier of the day on which a period of three months after the day on which the vessel is registered in Canada expires, and the day on which the Minister issues a new International Tonnage Certificate (1969) to the vessel. An International Tonnage Certificate (1969) held by a Canadian vessel ceases to be valid and shall be cancelled if an alteration resulting in an increase in the tonnage of the vessel, calculated in accordance with this Part, is made in the arrangement, construction, capacity or use of its spaces; the total number of passengers that it is permitted to carry, as indicated in its Passenger Ship Safety Certificate issued under section 7 of the Vessel Safety Certificates Regulations; or its assigned load line or permitted draught. An International Tonnage Certificate (1969) held by a Canadian vessel remains valid and shall not be cancelled, and a new certificate shall not be issued before 12 months after the day on which the current certificate is issued, if a decrease in the net tonnage of the vessel, calculated in accordance with this Part, results from an alteration in the trade in which the vessel is engaged, if the alteration changes its assigned load line. Subsection (3) does not apply in respect of a vessel that is transferred to the flag of another state; undergoes substantial alterations, such as the removal of a superstructure, that require a change of its assigned load line; or is a passenger vessel that is engaged in the carriage of large numbers of unberthed passengers in a special trade such as the pilgrim trade. If an International Tonnage Certificate (1969) held by a Canadian vessel is cancelled because of a change in tonnage resulting from an alteration referred to in subsection (2) or (3), the tonnage corresponding to the new characteristics of the vessel shall be calculated in accordance with this Part and, subject to subsection (3), the Minister shall issue a new International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention. If a Canadian vessel is altered in such a way that the tonnage set out on its certificate of registry may have changed, the vessel’s authorized representative shall ensure that any change in tonnage is calculated in accordance with the method that was used for calculating the tonnage set out on the certificate of registry. This Division applies in respect of the following vessels if they are 24 m in length or more: a vessel in respect of which an application for the initial registration or listing under Part 2 of the Act has been made; a Canadian vessel that is altered in such a way that the tonnage set out on its certificate of registry is changed by more than 1% when tonnage is calculated in accordance with the method that was used for calculating the tonnage set out on the certificate of registry; a vessel in respect of which an application for the registration or listing under Part 2 of the Act has been made if the vessel had been registered or listed in Canada but no longer is when the application is made; and a Canadian vessel whose tonnage was calculated before October 17, 1994 and that engages on international voyages on or after that date. An applicant for the registration of a vessel and the authorized representative of a Canadian vessel shall ensure that the vessel’s tonnage is calculated in accordance with Part 2 of TP 13430; directions of the Minister that adapt a calculation method set out in Part 2 of TP 13430 to that vessel, if the vessel has such novel construction features as to render its tonnage incalculable in accordance with Part 2 of TP 13430; or Annex I to the 1969 Convention. An applicant for the listing of a vessel shall ensure that its tonnage is calculated in accordance with the method that was used to calculate its tonnage in the foreign state where the vessel’s registration is suspended in respect of the right to fly the flag of that state. On application by the authorized representative of a Canadian vessel that is subject to the 1969 Convention and whose tonnage is calculated in accordance with section 11, the Minister shall issue an International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention. If a Canadian vessel is subject to the 1969 Convention, the Minister may request a state that is party to the 1969 Convention to calculate the vessel’s tonnage in accordance with Annex I of the 1969 Convention and to issue an International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention. This Division applies in respect of every foreign vessel in Canadian waters that is 24 m in length or more and is entitled to fly the flag of a state that is party to the 1969 Convention. At the request of a state that is party to the 1969 Convention, the Minister may authorize a tonnage measurer to calculate, in accordance with Annex I of the 1969 Convention, the tonnage of a foreign vessel that flies the flag of that state. After the tonnage of a vessel is calculated in accordance with subsection (1), the Minister shall forward to the state a copy of the calculations of the tonnage; and issue an International Tonnage Certificate (1969) to the vessel in the form set out in Annex II of the 1969 Convention, if requested to do so by the state, and forward a copy of the certificate to the state. This Division applies in respect of the following vessels if they are less than 24 m in length: a Canadian vessel that is altered in such a way that the tonnage set out on its certificate of registry is changed by more than 5% when tonnage is calculated in accordance with the method that was used for calculating the tonnage set out on the certificate of registry; and a vessel in respect of which an application for the registration or listing under Part 2 of the Act has been made if the vessel had been registered or listed in Canada but no longer is when the application is made. Part 3 of TP 13430; or directions of the Minister that adapt a calculation method set out in Part 3 of TP 13430 to that vessel, if the vessel has such novel construction features as to render its tonnage incalculable in accordance with Part 3 of TP 13430. Despite section 17, an applicant for the registration of a vessel or the authorized representative of a Canadian vessel may elect to have the vessel’s tonnage calculated in accordance with subsection 11(1). Any election made under subsection (1) is binding on the applicant or authorized representative. This section does not apply in respect of pleasure craft. This Division applies in respect of Canadian vessels that are exempted under section 1.1 or 1.2 from the registration requirement in subsection 46(1) of the Act and that are not registered. If it is necessary to determine the tonnage of a Canadian vessel for the purposes of any regulations made under the Act, the vessel’s authorized representative shall ensure that its tonnage is calculated in accordance with Division 1, if the vessel is 24 m in length or more; or Division 3, if the vessel is less than 24 m in length. The definition Canadian vessel in section 2 of the Act is varied as follows: Canadian vessel means a vessel that is registered or listed under Part 2 (Registration, Listing and Recording) or that is exempted under the regulations from the registration requirement in subsection 46(1); or a government vessel to which subsection 46(3) of the Act does not apply under section 1.3 of the Vessel Registration and Tonnage Regulations. (bâtiment canadien)