14New certificates and provisional certificates

14 New certificates and provisional certificates (1) An application under subsection 21 (1) of the Act for the grant of a new registration certificate in respect of a ship must: (ii) the reason why a new registration certificate is required; and (iii) where that reason is that the registration certificate of the ship has been mislaid, lost or destroyed, the circumstances of the mislaying, loss or destruction; (c) be duly signed by the registered agent or the master of the ship; and (d) where the application is duly signed by the master of the ship — have affixed to it documentary evidence of the appointment of the master. (2) A provisional registration certificate granted under subsection 21 (2) or (7) of the Act must be in accordance with: (3) A provisional registration certificate must not be granted under subsection 21 (2) of the Act in relation to a ship unless: (a) there is lodged with the Registrar or the proper officer an application in writing duly signed by the registered agent or master of the ship specifying: (i) the particulars of the ship, of its owners and of its registered agent as specified in the registration certificate; and (ii) the circumstances of the mislaying, loss or destruction of the registration certificate; and (b) where the application is signed by the master of the ship, there is produced to the Registrar or the proper officer, for noting, documentary evidence of the appointment of the master and of his authority to sign the application. (4) Where, after the grant in respect of a ship of a new registration certificate under subsection 21 (1) or (7) of the Act by reason of the registration certificate in respect of that ship having been lost or mislaid, that registration certificate is found and is in the custody or control of a relevant person, that person must, before the expiration of the relevant period, lodge that registration certificate with the Registrar for cancellation. (5) Where, after the grant in respect of a ship of a provisional registration certificate under subsection 21 (2) or (7) of the Act by reason of the registration certificate in respect of that ship having been lost or mislaid, that registration certificate is found and is in the custody or control of a relevant person, that person must, before the expiration of the relevant period, lodge with the Registrar notice in writing to that effect together with the provisional registration certificate. (6) For the purposes of subregulations (4) and (5): (a) a person is a relevant person in relation to a ship if that person is the master or registered agent of the ship or the owner, or one of the joint owners, or owners in common, of one or more shares in the ship; and (b) the relevant period is the period of 30 days commencing on: (i) the date on which the registration certificate was found; or (ii) the date on which the registration certificate came into the custody or control of the relevant person; whichever is the later date. (7) A person who fails to comply with subregulation (4) or (5) is guilty of an offence. (8) An offence against subregulation (7) is an offence of strict liability. (9) It is a defence to a prosecution under subregulation (7) that the defendant had a reasonable excuse. > Note A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse for his or her conduct (see subsection 13.3 (3) of the Criminal Code).