On July 1, 2007, the Canada Shipping Act, 2001 (CSA 2001) replaced the old Canada Shipping Act (CSA) as the principal legislation that governs safety in marine transportation, recreational boating and the protection of the marine environment. It applies to Canadian vessels operating in all waters and to all vessels operating in Canadian waters (all vessels from canoes and kayaks to cruise ships and tankers).
The CSA 2001 is the result of extensive consultations with a wide range of marine stakeholders. It represents an updated and streamlined version of the original CSA, making it clearer and easier to understand. This will greatly assist the marine community to operate in a manner that is safer, more efficient and environmentally sound, and responsive to the needs of Canadians in a global economy.
There are two regulations that affect licensing and registration, and they have been updated and re-written under the CSA 2001 to improve safety requirements. These two regulations are: the Vessels Registry Fees Tariff and the Vessel Registration and Tonnage Regulations.
Vessels Registry Fees Tariff
The CSA Ships Registry and Licensing Fees Tariff is renamed the Vessels Registry Fees Tariff under the CSA 2001. These Regulations levy fees for the registration of primarily non-pleasure craft (i.e. commercial craft). The new Regulations entered into force with the CSA 2001 on July 1, 2007.
Vessel Registration and Tonnage Regulations
The new Vessel Registration and Tonnage Regulations clarify the requirements for registering and calculating the tonnage of vessels. They entered into force with the CSA 2001.
Vessel owners and operators should be aware of the changes concerning licensing and registration. These include:
Non-pleasure craft:
- A Small Vessel Register replaces the Small Commercial Vessel Licensing System for non-pleasure craft of 15 gross tonnage or less.
- Non-pleasure craft that were issued a licence by Canada Customs or by the Canada Border Services Agency, or that were not licenced, must be registered under the CSA 2001.
Owners must register these vessels:
- Upon transfer of ownership. The new owner must apply for registration.
or
- Two years after the entry into force of the CSA 2001, if there has been no transfer of ownership.
- Non-pleasure craft that were licenced under the Small Commercial Vessel licensing system must register under the CSA 2001. They will, however, be deemed to be registered in the Small Vessel Register until:
- Their Small Commercial Vessel License expires (which is valid for a period of five years from the issue date).
or
- There is a transfer of ownership, when the new owner must apply for registration.
- The $50 fee and five-year renewal period will remain the same. Small commercial vessels licensed under the CSA regime at the time the new CSA 2001 entered into force will be deemed registered in this new Register.
- A flat $50 registration fee will be levied for a "fleet" of small vessels. "Fleet" is defined as commercial vessels 5 tons gross tonnage or less in size, with one common owner. "Fleet" status does not extend to government vessels.
- Small commercial vessels of 15 tons gross tonnage or less with, a mortgage to be registered, must register in the main Canadian Register of Vessels.
Pleasure craft
- While pleasure craft over 15 gross tonnage are no longer required to be registered, owners may voluntarily register in Transport Canada's Canadian Register of Vessels. This register contains the names, ownership details, mortgage details and records of all registered vessels for each Port of Registry.
- If a mortgage is to be recorded against a pleasure craft, lenders will require the vessel to be registered in the Canadian Register of Vessels.
- All pleasure craft powered by 7.5 kilowatts (10 horsepower) motors or more must be licensed or registered. As of April 2006, licensing is being handled by Service Canada.
- Under the CSA 2001, new pleasure craft licences are issued with a 10-year expiry date.
- Existing pleasure craft licenses remain valid until the licence holder moves or the ownership of the vessel is transferred.
- All licence holders must advise Transport Canada if there is a change of name or address from that which appears on the licence.
Pleasure craft that are occasionally used commercially (also known as "crossover vessels") must be registered in the Small Vessel Register or, if they are more than 15 gross tonnage, in the Canadian Register of Vessels.
To learn more about vessel registration, please visit: www.tc.gc.ca/marinesafety/oep.
Visit the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca to learn more about the Canada Shipping Act, 2001 Regulatory Reform Project. You may also call toll-free 1-866-879-9902 or 613-998-7764 in the National Capital Region.
November 2007
