Canada Shipping Act 2001
Vessel Ownership & Legal Responsibility
Who is given legal responsibility to comply with the legislation: "operator," "owner," "master," "person," "vessel" or other?
Article 2
Authorized representative means: (a) in respect of a Canadian vessel, the person referred to in subsection 14(1); (b) in respect of a fleet registered under Part 2, the person referred to in subsection 75.03(5); and (c) in respect of a foreign vessel, the master.
Master means the person in command and charge of a vessel.
Article 14
(1) Every Canadian vessel must have a person — the authorized representative — who is responsible under this Act for acting with respect to all matters relating to the vessel that are not otherwise assigned by this Act to any other person. Qualified person, bare-boat charterer or owner (2) Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is (a) in the case of a vessel whose owner has entered into an arrangement with a qualified person, including an operator of the vessel, under which they are responsible for the matters referred to in subsection (1), the qualified person; (b) in the case of a vessel described in section 48, the bare-boat charterer; or (c) in any other case, the owner of the vessel. Representative if more than one owner (3) In the case of a Canadian vessel that is owned by more than one person, the owners must appoint as the authorized representative one of themselves or, in accordance with paragraph (2)(a), a qualified person. Representative of foreign corporation (4) In the case of a Canadian vessel that is owned by a corporation incorporated under the laws of a state other than Canada, the authorized representative must be (a) a subsidiary of the corporation incorporated under the laws of Canada or a province; (b) an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada; or (c) a ship management company incorporated under the laws of Canada or a province.
Vessel Registration & License Management
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
Article 46
(1) Unless it is exempted under the regulations, a vessel must be registered under this Part if it (a) is not a pleasure craft; (b) is wholly owned by qualified persons; and (c) is not registered, listed or otherwise recorded in a foreign state.
What qualifications does the law/regulation give for a vessel to qualify as a local vessel?
Article 47
Unless they are registered, listed or otherwise recorded in a foreign state, the following vessels may be registered under this Part: (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.