Vessel Registration & License Management

Canada Shipping Act 2001

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.

Coastal Fisheries Protection Act

Does the law/regulation require license denial where a vessel has violated fisheries laws in areas beyond national jurisdiction, for example where the vessel is on, or associates with another vessel on an RFMO IUU Vessel list or for other reasons?

  • Full Text

    Summary:

    Yes, very much so. The Coastal Fisheries Protection Act and regulations set out a management and enforcement system that provides extensive powers for inspectors.

Fisheries Act 1985

Does the law/regulation require license denial where a vessel has violated fisheries laws in areas beyond national jurisdiction, for example where the vessel is on, or associates with another vessel on an RFMO IUU Vessel list or for other reasons?

  • Article 9

    (1) Subject to subsection (2), the Minister may suspend or cancel any lease or license issued under the authority of this Act, if (a) he or she determines that any provision of that lease or license was not complied with; (b) he or she determines that the lease or license holder has, with respect to the lease or license, entered into an agreement that contravenes any provision of this Act or of the regulations; or (c) the lease or license holder is in default of payment of a fine in relation to a contravention of this Act and the proceeds of the fine belong to Her Majesty in right of Canada or of a province or to any other person or entity. Restriction (2) The Minister may amend, suspend or cancel a permit issued under paragraph (1)(a) or (b) only if no proceedings under this Act have been commenced with respect to the non-compliance or contravention referred to in those paragraphs, as the case may be.

What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?

  • Article 9

    (1) Subject to subsection (2), the Minister may suspend or cancel any lease or license issued under the authority of this Act, if (a) he or she determines that any provision of that lease or license was not complied with; (b) he or she determines that the lease or license holder has, with respect to the lease or license, entered into an agreement that contravenes any provision of this Act or of the regulations; or (c) the lease or license holder is in default of payment of a fine in relation to a contravention of this Act and the proceeds of the fine belong to Her Majesty in right of Canada or of a province or to any other person or entity. Restriction (2) The Minister may amend, suspend or cancel a permit issued under paragraph (1)(a) or (b) only if no proceedings under this Act have been commenced with respect to the non-compliance or contravention referred to in those paragraphs, as the case may be.

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 9

    (1) Subject to subsection (2), the Minister may suspend or cancel any lease or license issued under the authority of this Act, if (a) he or she determines that any provision of that lease or license was not complied with; (b) he or she determines that the lease or license holder has, with respect to the lease or license, entered into an agreement that contravenes any provision of this Act or of the regulations; or (c) the lease or license holder is in default of payment of a fine in relation to a contravention of this Act and the proceeds of the fine belong to Her Majesty in right of Canada or of a province or to any other person or entity. Restriction (2) The Minister may amend, suspend or cancel a permit issued under paragraph (1)(a) or (b) only if no proceedings under this Act have been commenced with respect to the non-compliance or contravention referred to in those paragraphs, as the case may be.