CONSOLIDATION

Vessel Registration and Tonnage Regulations

SOR/2007-126

Current to June 20, 2022 Last amended on June 23, 2021



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 23, 2021. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on June 23, 2021

TABLE OF PROVISIONS Vessel Registration and Tonnage Regulations

Interpretation

1.1

PART 1

Registration 1.1

Exempted Classes of Vessels

1.2

Authorization of the Minister to Exempt

1.3

Excluded Government Vessels

Notifying Chief Registrar

Notice of Change in Ownership

Prescribed Period for Subsection 60(4) of the Act

Evidence that a Vessel Is No Longer Registered in a Foreign State

PART 2

Tonnage 7

International Tonnage Certificates (1969)

Calculating Changes in Tonnage

DIVISION 1

Vessels 24 M in Length or More, Except Foreign Vessels 10

Application

Calculation of Tonnage

Certificates

DIVISION 2

Foreign Vessels 24 M in Length or More

Current to June 20, 2022 Last amended on June 23, 2021

ii

Vessel Registration and Tonnage Regulations TABLE OF PROVISIONS

Application

Calculation of Tonnage

DIVISION 3

Vessels Less than 24 M in Length, Except Foreign Vessels 16

Application

Calculation of Tonnage

Election

DIVISION 4

Exempted Canadian Vessels 19

Application

Calculation of Tonnage

PART 3

Variation of the Act in Respect of Certain Government Vessels 21

Definition of Canadian Vessel

Current to June 20, 2022 Last amended on June 23, 2021

iv

Registration SOR/2007-126

June 7, 2007

CANADA SHIPPING ACT, 2001

Vessel Registration and Tonnage Regulations

P.C. 2007-924

June 7, 2007

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.

a

S.C. 2005, c. 29, s. 16(1)

b

S.C. 2001, c. 26

Current to June 20, 2022 Last amended on June 23, 2021

Vessel Registration and Tonnage Regulations

Interpretation 1 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 (a) for a Canadian vessel, a certificate issued under subsection 8(5) or section 12 or 13; and (b) 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 (a) 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 (b) 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)

Current to June 20, 2022 Last amended on June 23, 2021

Vessel Registration and Tonnage Regulations Interpretation Sections 1-1.2

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) SOR/2015-99, s. 2.

PART 1

Registration Exempted Classes of Vessels 1.1 (1) The following classes of vessels are exempted

from the registration requirement in subsection 46(1) of the Act: (a) vessels that are equipped with one or more primary propulsion engines whose aggregate power is less than 7.5 kW; (b) vessels that are 8.5 m or less in length and that are propelled by sail alone; (c) human-powered vessels, other than vessels in respect of which the Special-purpose Vessels Regulations apply; and (d) vessels that are operated by a recreational boating

school for training and that (i) are not required to hold a safety certificate under section 12 of the Vessel Safety Certificates Regulations, and (ii) were licensed under section 202 of the Act immediately before being operated by the recreational boating school for training.

(2) Subsection (1) does not apply in respect of vessels

that carry more than 12 passengers. SOR/2015-99, s. 3; SOR/2021-135, s. 35.

Authorization of the Minister to Exempt 1.2 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

Current to June 20, 2022 Last amended on June 23, 2021

Vessel Registration and Tonnage Regulations PART 1 Registration Authorization of the Minister to Exempt Sections 1.2-3

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. SOR/2015-99, s. 3.

Excluded Government Vessels 1.3 (1) Subsection 46(3) of the Act does not apply in respect of government vessels that (a) are equipped with one or more primary propulsion

engines whose aggregate power is less than 7.5 kW; or (b) are 8.5 m or less in length and are propelled by sail alone. (2) Subsection (1) does not apply in respect of vessels

that carry more than 12 passengers. SOR/2015-99, s. 3.

Notifying Chief Registrar 2 A notification required under section 58 of the Act shall be in writing.

Notice of Change in Ownership 3 (1) 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. (2) Notice may be given to an individual (a) personally, by leaving a copy of it (i) with the individual, or (ii) 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 (b) 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.

(3) Notice may be served on a corporation by

Current to June 20, 2022 Last amended on June 23, 2021

Vessel Registration and Tonnage Regulations PART 1 Registration Notice of Change in Ownership Sections 3-6

(a) 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; (b) 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 (c) sending a copy of it by electronic means other than fax to an individual referred to in paragraph (b). (4) 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.

Prescribed Period for Subsection 60(4) of the Act 4 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.

Evidence that a Vessel Is No Longer Registered in a Foreign State 5 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.

PART 2

Tonnage 6 [Repealed, SOR/2015-99, s. 4]

Current to June 20, 2022 Last amended on June 23, 2021

Vessel Registration and Tonnage Regulations PART 2 Tonnage International Tonnage Certificates (1969) Sections 7-8

International Tonnage Certificates (1969) 7 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). 8 (1) 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 (a) the day on which a period of three months after

the day on which the vessel is registered in Canada expires, and (b) the day on which the Minister issues a new International Tonnage Certificate (1969) to the vessel.

(2) 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 (a) the arrangement, construction, capacity or use of

its spaces; (b) 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 (c) its assigned load line or permitted draught.

(3) 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 (a) the arrangement, construction, capacity or use of

its spaces; (b) 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

Current to June 20, 2022 Last amended on June 23, 2021

Vessel Registration and Tonnage Regulations PART 2 Tonnage International Tonnage Certificates (1969) Sections 8-10

(c) the trade in which the vessel is engaged, if the alteration changes its assigned load line.

(4) Subsection (3) does not apply in respect of a vessel

that (a) is transferred to the flag of another state; (b) undergoes substantial alterations, such as the removal of a superstructure, that require a change of its assigned load line; or (c) 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.

(5) 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. SOR/2021-135, s. 36.

Calculating Changes in Tonnage 9 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.

DIVISION 1

Vessels 24 M in Length or More, Except Foreign Vessels Application 10 This Division applies in respect of the following vessels if they are 24 m in length or more:

Current to June 20, 2022 Last amended on June 23, 2021

Vessel Registration and Tonnage Regulations PART 2 Tonnage DIVISION 1 Vessels 24 M in Length or More, Except Foreign Vessels Application Sections 10-12

(a) a vessel in respect of which an application for the

initial registration or listing under Part 2 of the Act has been made; (b) 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; (c) 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 (d) a Canadian vessel whose tonnage was calculated

before October 17, 1994 and that engages on international voyages on or after that date.

Calculation of Tonnage 11 (1) 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 (a) Part 2 of TP 13430; (b) 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 (c) Annex I to the 1969 Convention. (2) 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.

Certificates 12 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.

Current to June 20, 2022 Last amended on June 23, 2021

Vessel Registration and Tonnage Regulations PART 2 Tonnage DIVISION 1 Vessels 24 M in Length or More, Except Foreign Vessels Certificates Sections 13-16

13 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.

DIVISION 2

Foreign Vessels 24 M in Length or More Application 14 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.

Calculation of Tonnage 15 (1) 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. (2) After the tonnage of a vessel is calculated in accordance with subsection (1), the Minister shall (a) forward to the state a copy of the calculations of the tonnage; and (b) 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.

DIVISION 3

Vessels Less than 24 M in Length, Except Foreign Vessels Application 16 This Division applies in respect of the following vessels if they are less than 24 m in length:

Current to June 20, 2022 Last amended on June 23, 2021

Vessel Registration and Tonnage Regulations PART 2 Tonnage DIVISION 3 Vessels Less than 24 M in Length, Except Foreign Vessels Application Sections 16-18

(a) a vessel in respect of which an application for the

initial registration or listing under Part 2 of the Act has been made; (b) 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 (c) 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.

Calculation of Tonnage 17 (1) 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 (a) Part 3 of TP 13430; or (b) 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. (2) 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.

Election 18 (1) 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). (2) Any election made under subsection (1) is binding on the applicant or authorized representative. (3) This section does not apply in respect of pleasure

craft.

Current to June 20, 2022 Last amended on June 23, 2021

Vessel Registration and Tonnage Regulations PART 2 Tonnage DIVISION 4 Exempted Canadian Vessels Sections 19-21

DIVISION 4

Exempted Canadian Vessels Application 19 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. SOR/2015-99, s. 5.

Calculation of Tonnage 20 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 (a) Division 1, if the vessel is 24 m in length or more;

or (b) Division 3, if the vessel is less than 24 m in length. SOR/2015-99, s. 5.

PART 3

Variation of the Act in Respect of Certain Government Vessels Definition of Canadian Vessel 21 The definition Canadian vessel in section 2 of the Act is varied as follows:

Canadian vessel means (a) 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 (b) 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) SOR/2015-99, s. 6.

Current to June 20, 2022 Last amended on June 23, 2021

