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Old 04-06-2010
Halberdier Halberdier is offline
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Chartered? In Canada: Guest or passenger

In Canada it all comes down to:
- Is the person a passenger or guest?
- Is the owner is receiving any form of remuneration for the use of the vessel?
- Is there an expectation of profit?
Canada Shipping Act, 2001
Canada Shipping Act - Definitions
“passenger” means a person carried on a vessel by the owner or operator, other than
(a) a person carried on a Safety Convention vessel who is
(i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or
(ii) under one year of age;
(b) a person carried on a vessel that is not a Safety Convention vessel who is
(i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or
(ii) a guest on board the vessel, if the vessel is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit;
(c) a person carried on a vessel in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented; or
(d) a person of a prescribed class.

“pleasure craft”
« embarcation de plaisance »

“pleasure craft” means a vessel that is used for pleasure and does not carry passengers, and includes a vessel of a prescribed class.

Frequently Asked Questions (FAQ) - Frequently Asked Questions (FAQ) - Small Vessels - Design, Equipment & Boating Safety - Marine Safety - Marine Transportation - Transport Canada
What's the definition of a passenger?
The definition of "passenger", as found in the Canada Shipping Act 2001 is as follows: “passenger” means a person carried on a ship by the owner or operator, other than
a. A person carried on a Safety Convention ship who is
o the master, a member of the crew or a person employed or engaged in any capacity on board the ship on the business of that ship, or (ii) under one year of age,
b. A person carried on a ship that is not a Safety Convention ship who is
o the master, a member of the crew or a person employed or engaged in any capacity on board the ship on the business of that ship, or (ii) a guest on board the ship, if the ship is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit,
c. A person carried on a ship in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented, or special purpose personnel

How do I determine if I'm carrying passengers or guests?
The basic consideration when deciding which category a vessel should fit is whether the person(s) carried on board are passengers or not.
The situation is clearer where the vessel owner also operates it and there is no form of charter party in existence. In this situation, you have to examine the relationship between the owner and the people on board. If any of them are paying money for their carriage on the vessel, then they will be deemed to be passengers and the vessel will come within Transport Canada’s regime. If the owner is receiving any form of remuneration for the use of the vessel, even if not directly from the persons carried, then they will be passengers. If the persons are guests, there is no form of remuneration and the vessel is being used exclusively for pleasure they will not be passengers and the vessel will be under pleasure craft regime. This would include the situation where an owner invites some friends for a trip on his pleasure craft. If the sole purpose of the trip is pleasure and there is no commercial element or intent then they will not be passengers.


For Further information:
Bulletin No.: 14/2000 - Ship Safety Bulletins - Marine Safety - Marine Transportation - Transport Canada
http://www.tc.gc.ca/media/documents/...y/tp14070e.pdf Small Commercial Vessel Safety Guide, Chapter 1, Passenger or Guest
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