Is a  boat can be used as a valid residence address in Canada for a
liveaboard (a person living on in own boat)? By valid address I mean
an address used for all the official domiciliation needs (driver
licence, tax, etc?)

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Request for Question Clarification by pafalafa-ga on 23 Jan 2006 07:22 PST

What sort of address do you have in mind?

Hard to imagine an address like:

The SS Minnow
Mid-Atlantic Ocean, most of the time


If you mean an address of a fixed mooring location, such as a marina,
it's hard to see why this wouldn't be acceptable.

Give us a bit more detail, please.


pafalafa-ga

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Request for Question Clarification by bobbie7-ga on 23 Jan 2006 07:39 PST

Is this the kind of information help you?

"ORDINARY RESIDENCE - a residential dwelling where a person normally
lives, with all associated connotations including a permanent mailing
address, telephone number, furnishings and storage of automobile; the
address on one's driver's licence and automobile registration, where
one is registered to vote. A motor home or vessel at a campsite or
marina is not considered to be an ordinary residence."
http://www.pac.dfo-mpo.gc.ca/recfish/Glossary/glossary_e.htm

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Clarification of Question by oblala-ga on 23 Jan 2006 08:42 PST

Thank you for your answer.
Unfortunately no, I need more than this. I need to know if a boat can
be seen and can be a legal permanent residence in Canada. There is a
lot of 'liveaboard' people, living on boats in marinas in BC, Ontario
or Quebec, ie.
Can a person living on a boat in a marina be seen as a resident and
give legally  a postal address of a place he/she use only as a "PO
box" (a marina, yacht club, etc.)
By legal I mean Federaly legal, not only localy.

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Request for Question Clarification by weisstho-ga on 23 Jan 2006 15:15 PST

Now THIS is an Interesting Question!

I can see where there are many issues implicated in your question:
1.  Is Canada Post required to deliver to my dock space?
2.  Is my boat a "residence" such that I:
     A.  Can vote in federal, provincial and local elections based
upon the locale of my dock space?
     B.  An able to take a tax deduction for allowable "residential"
costs that are ordinarily deductible to a homeowner?
     C.  Can maintain my residency status for immigration purposes (if
not a full citizen)?

Can you think of other issues?

And, of course, which provincial code should we be looking at?

weisstho-ga
     D.

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Clarification of Question by oblala-ga on 23 Jan 2006 16:56 PST

Oh yes, perfect, here we are.
There are more points but at least an answer to these 3 will be a good
start for me to understand this complexe matter.

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Request for Question Clarification by pafalafa-ga on 23 Jan 2006 17:36 PST

oblala-ga,

I'm curious if this is a theoretical or practical question?


If the latter, youre best bet might be to simply head down to the
local marina and ask around, especially at the house-boat-seeming
vessels.

If it's more a matter of academic interest, then probably each item
would have to be researched separately.

For instance, you CAN live on a boat, and still vote in
Canada...having a traditional residential address is not a requirement
for voting.

However, what this means in terms of tax deductions, mail delivery,
and so on are all separate matters.  I haven't found any obvious
sources of information on these particular issues.

Let us know if you can put some boundaries on this question, to make
it more likely we can provide an answer.

Thanks,

pafalafa-ga

It may depend on where it's kept.I know a boat docked on a river or
lake may be considered to be on Crown Land and could be seized if used
as a residence.

¶ 2. The term "resident" is not defined in the Income Tax Act (the
"Act"), however, the Courts have held "residence" to be "a matter of
the degree to which a person in mind and fact settles into or
maintains or centralizes his ordinary mode of living with its
accessories in social relations, interests and conveniences at or in
the place in question." In determining the residence status of an
individual for purposes of the Act, it is also necessary to consider
subsection 250(3) of the Act, which provides that, in the Act, a
reference to a person "resident" in Canada includes a person who is
"ordinarily resident" in Canada. The Courts have held that an
individual is "ordinarily resident" in Canada for tax purposes if
Canada is the place where the individual, in the settled routine of
his or her life, regularly, normally or customarily lives. In making a
determination of residence status, all of the relevant facts in each
case must be considered, including residential ties with Canada and
length of time, object, intention and continuity with respect to stays
in Canada and abroad.

http://www.cra-arc.gc.ca/E/pub/tp/it221r3-consolid/it221r3-consolid-e.html#P123_18961

I want to thank you all very much, that was a too open question as I
finaly understood. But, picking some info in each of your answer or
comment helped me to clarify my thinking about this subject.
Kindest regards
oblala-ga

the only federal residency law is in the charter of rights.  provinces
are not allowed to impede the movement of people from one province to
another.  example: rich provinces locking out job seekers from poor
provinces

residency is a provincial mattter because the provinces provide the
bulk of government services like health care, education, and issuing
drivers licenses.

the provinces will require you to prove you are actually living in the
province before you will receive any services.  usually a piece of
official mail like a bank statement mailed to you at that adress, or a
lease with your name and address.  having mail adressed to you at the
marina would be just fine.

ideally you need a marina that explicitely allows you to live aboard
your ship, and will issue you a legal document such as a lease to that
effect, as well as enable you to receive mail.  renting out rooms
without any of them having a seperate street adress has always been OK
in my experience.  as long as people get your mail.

i've had roommates that can't provide this because their name isn't on
the lease, and they don't have a credit card or bank account to
receive any official mail.  when this happens there is a provincial
form that i fill out, testifying that such a person is living under my
roof, and signed by a competent witness.

the only identification the federal government issues is your social
insurance number which you need to work/pay taxes, or apply for any
federal services.  (unemployment insurance).  to apply for a social
insurance number, you need the federal form issued to legal
immigrants.  the only way to get it without immigration papers is if
you can provide a birth certificate proving you were born here.