Marine Liability Act (S.C. 2001, c. 6)
Full Document:
- HTMLFull Document: Marine Liability Act (Accessibility Buttons available) |
- PDFFull Document: Marine Liability Act [632 KB]
Assented to 2001-05-10
Liability of Owners of Docks, Canals and Ports
Marginal note:Limitation of liability
30. (1) The maximum liability of an owner of a dock, canal or port, for a claim that arises on any distinct occasion for loss caused to a ship, or to any cargo or other property on board a ship, is the greater of
(a) $2,000,000, and
(b) the amount calculated by multiplying $1,000 by the number of tons of the gross tonnage of the largest ship that is at the time of the loss, or had been within a period of five years before that time, within the area of the dock, canal or port over which the owner had control or management.
Marginal note:Calculation of tonnage
(2) For the purposes of subsection (1), a ship’s gross tonnage shall be calculated in the manner described in subsection 28(2).
Marginal note:Application
(3) The maximum liability specified in subsection (1) also applies to any person for whose act or omission the owner is responsible.
Marginal note:Conduct barring limitation
(4) This section does not apply to an owner, or a person for whose act or omission the owner is responsible, if it is proved that the loss resulted from the personal act or omission of that owner or that person, as the case may be, committed with intent to cause the loss or recklessly and with knowledge that the loss would probably result.
Marginal note:Meaning of terms
(5) For the purposes of this section,
(a) “dock” includes wet docks and basins, tidal-docks and basins, locks, cuts, entrances, dry docks, graving docks, gridirons, slips, quays, wharfs, piers, stages, landing places, jetties and synchrolifts; and
(b) “owner of a dock, canal or port” includes any person or authority having the control or management of the dock, canal or port and any ship repairer using the dock, canal or port.
Amendment of Maximum Liability
Marginal note:Amendment of limits
31. (1) The Governor in Council may, by order, declare that an amendment made in accordance with Article 8 of the Protocol to any of the limits of liability specified in paragraph 1 of Article 6 or paragraph 1 of Article 7 of the Convention has the force of law in Canada.
Marginal note:Amendment of sections 28, 29 and 30
(2) The Governor in Council may, by order, amend the limits of liability set out in sections 28, 29 and 30.
Procedure
Marginal note:Jurisdiction of Admiralty Court
32. (1) The Admiralty Court has exclusive jurisdiction with respect to any matter relating to the constitution and distribution of a limitation fund under Articles 11 to 13 of the Convention.
Marginal note:Right to assert limitation defence
(2) Where a claim is made or apprehended against a person in respect of liability that is limited by section 28, 29 or 30 of this Act or paragraph 1 of Article 6 or 7 of the Convention, that person may assert the right to limitation of liability in a defence filed, or by way of action or counterclaim for declaratory relief, in any court of competent jurisdiction in Canada.
Marginal note:Powers of Admiralty Court
33. (1) Where a claim is made or apprehended against a person in respect of liability that is limited by section 28 or 29 of this Act or paragraph 1 of Article 6 or 7 of the Convention, the Admiralty Court, on application by that person or any other interested person, including a person who is a party to proceedings in relation to the same subject-matter before another court, tribunal or authority, may take any steps it considers appropriate, including
(a) determining the amount of the liability and providing for the constitution and distribution of a fund under Articles 11 and 12 of the Convention;
(b) joining interested persons as parties to the proceedings, excluding any claimants who do not make a claim within a certain time, requiring security from the person claiming limitation of liability or from any other interested person and requiring the payment of any costs; and
(c) enjoining any person from commencing or continuing proceedings in any court, tribunal or authority other than the Admiralty Court in relation to the same subject-matter.
Marginal note:Court may postpone distribution
(2) In providing for the distribution of a fund under paragraph (1)(a) in relation to any liability, the Admiralty Court may, having regard to any claim that may subsequently be established before a court, tribunal or other authority outside Canada in respect of that liability, postpone the distribution of any part of the fund that it considers appropriate.
Marginal note:Lien and other rights
(3) No lien or other right in respect of a ship or other property affects the proportions in which a fund is distributed by the Admiralty Court.
Marginal note:Procedural matters
(4) The Admiralty Court may
(a) make any rule of procedure it considers appropriate with respect to proceedings before it under this section; and
(b) determine what form of guarantee it considers to be adequate for the purposes of paragraph 2 of Article 11 of the Convention.
Marginal note:Interest
(5) For the purposes of Article 11 of the Convention, interest is payable at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.
Marginal note:Release of ships, etc.
34. (1) Where a ship or other property is released under paragraph 2 of Article 13 of the Convention, in any case other than one in which a fund has been constituted in a place described in paragraphs (a) to (d) of that Article, the person who applied for the release is deemed to have submitted to the jurisdiction of the court that ordered the release for the purpose of determining the claim.
Marginal note:Limitation fund in state other than Canada
(2) In considering whether to release a ship or other property referred to in subsection (1), the court shall not have regard to a limitation fund constituted in a country other than Canada unless the court is satisfied that the country is a State Party to the Convention.
PART 4LIABILITY FOR CARRIAGE OF PASSENGERS BY WATER
Interpretation
Marginal note:Definitions
35. The definitions in this section apply in this Part.
“Convention”
« Convention »
“Convention” means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, concluded at Athens on December 13, 1974, as amended by the Protocol, Articles 1 to 22 of which Convention are set out in Part 1 of Schedule 2.
“Protocol”
« Protocole »
“Protocol” means the Protocol of 1990 to amend the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, concluded at London on March 29, 1990, Articles III and VIII of which are set out in Part 2 of Schedule 2.
Marginal note:Extended meaning of expressions
36. (1) For the purposes of this Part and Articles 1 to 22 of the Convention,
(a) the definition “ship” in Article 1 of the Convention shall be read as including any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion and whether seagoing or not, but not including an air cushion vehicle; and
(b) in the definition “contract of carriage” in Article 1 of the Convention, the expression “carriage by sea” shall be read as “carriage by water”.
Marginal note:Owners of ships
(2) For greater certainty, in the application of the Convention under this Part, Article 19 of the Convention applies to owners of all ships, whether seagoing or not.
Application
Marginal note:Force of law
37. (1) Articles 1 to 22 of the Convention have the force of law in Canada.
Marginal note:Extended application
(2) Articles 1 to 22 of the Convention also apply in respect of
(a) the carriage by water, under a contract of carriage, of passengers or of passengers and their luggage from one place in Canada to the same or another place in Canada, either directly or by way of a place outside Canada; and
(b) the carriage by water, otherwise than under a contract of carriage, of persons or of persons and their luggage, excluding
(i) the master of a ship, a member of a ship’s crew or any other person employed or engaged in any capacity on board a ship on the business of the ship, and
(ii) a person carried on board a ship other than a ship operated for a commercial or public purpose.
Marginal note:State Party to the Convention
38. For purposes of the application of the Convention, Canada is a State Party to the Convention.
Regulations and Orders
Marginal note:Regulations
39. The Governor in Council may make regulations requiring insurance or other financial security to be maintained to cover liability to passengers under this Part.
Marginal note:Amendment of limits
40. The Governor in Council may, by order, declare that an amendment made in accordance with Article VIII of the Protocol to any of the limits of liability specified in paragraph 1 of Article 7 or in Article 8 of the Convention, including the deductibles referred to in Article 8, has the force of law in Canada.
PART 5LIABILITY FOR CARRIAGE OF GOODS BY WATER
Interpretation
Marginal note:Definitions
41. The definitions in this section apply in this Part.
“Hague-Visby Rules”
« règles de La Haye-Visby »
“Hague-Visby Rules” means the rules set out in Schedule 3 and embodied in the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, concluded at Brussels on August 25, 1924, in the Protocol concluded at Brussels on February 23, 1968, and in the additional Protocol concluded at Brussels on December 21, 1979.
“Hamburg Rules”
« règles de Hambourg »
“Hamburg Rules” means the rules set out in Schedule 4 and embodied in the United Nations Convention on the Carriage of Goods by Sea, 1978, concluded at Hamburg on March 31, 1978.
Marginal note:Other statutory limitations of liability
42. Nothing in this Part affects the operation of any other Part of this Act, or sections 389, 390, 585 and 586 of the Canada Shipping Act, or a provision of any other Act or regulation that limits the liability of owners of ships.
Hague-Visby Rules
Marginal note:Effect
43. (1) The Hague-Visby Rules have the force of law in Canada in respect of contracts for the carriage of goods by water between different states as described in Article X of those Rules.
Marginal note:Extended application
(2) The Hague-Visby Rules also apply in respect of contracts for the carriage of goods by water from one place in Canada to another place in Canada, either directly or by way of a place outside Canada, unless there is no bill of lading and the contract stipulates that those Rules do not apply.
Marginal note:Meaning of “Contracting State”
(3) For the purposes of this section, the expression “Contracting State” in Article X of the Hague-Visby Rules includes Canada and any state that, without being a Contracting State, gives the force of law to the rules embodied in the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, concluded at Brussels on August 25, 1924 and in the Protocol concluded at Brussels on February 23, 1968, regardless of whether that state gives the force of law to the additional Protocol concluded at Brussels on December 21, 1979.
Marginal note:Replacement by Hamburg Rules
(4) The Hague-Visby Rules do not apply in respect of contracts entered into after the coming into force of section 45.
Hamburg Rules
Marginal note:Report to Parliament
44. The Minister shall, before January 1, 2005 and every five years afterwards, consider whether the Hague-Visby Rules should be replaced by the Hamburg Rules and cause a report setting out the results of that consideration to be laid before each House of Parliament.
Marginal note:Effect
45. (1) The Hamburg Rules have the force of law in Canada in respect of contracts for the carriage of goods by water between different states as described in Article 2 of those Rules.
Marginal note:Extended application
(2) The Hamburg Rules also apply in respect of contracts for the carriage of goods by water from one place in Canada to another place in Canada, either directly or by way of a place outside Canada, unless the contract stipulates that those Rules do not apply.
Marginal note:Meaning of “Contracting State”
(3) For the purposes of this section, the expression “Contracting State” in Article 2 of the Hamburg Rules includes Canada and any state that gives the force of law to those Rules without being a Contracting State to the United Nations Convention on the Carriage of Goods by Sea, 1978.
Marginal note:References to “sea”
(4) For the purposes of this section, the word “sea” in the Hamburg Rules shall be read as “water”.
Marginal note:Signatures
(5) For the purposes of this section, paragraph 3 of article 14 of the Hamburg Rules applies in respect of the documents referred to in article 18 of those Rules.
Institution of Proceedings in Canada
Marginal note:Claims not subject to Hamburg Rules
46. (1) If a contract for the carriage of goods by water to which the Hamburg Rules do not apply provides for the adjudication or arbitration of claims arising under the contract in a place other than Canada, a claimant may institute judicial or arbitral proceedings in a court or arbitral tribunal in Canada that would be competent to determine the claim if the contract had referred the claim to Canada, where
(a) the actual port of loading or discharge, or the intended port of loading or discharge under the contract, is in Canada;
(b) the person against whom the claim is made resides or has a place of business, branch or agency in Canada; or
(c) the contract was made in Canada.
Marginal note:Agreement to designate
(2) Notwithstanding subsection (1), the parties to a contract referred to in that subsection may, after a claim arises under the contract, designate by agreement the place where the claimant may institute judicial or arbitral proceedings.
PART 6LIABILITY AND COMPENSATION FOR POLLUTION
Interpretation
Marginal note:Definitions
47. The definitions in this section apply in this Part.
“Administrator”
« administrateur »
“Administrator” means the Administrator of the Ship-source Oil Pollution Fund appointed under section 79.
“Civil Liability Convention”
« Convention sur la responsabilité civile »
“Civil Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage, concluded at Brussels on November 29, 1969, as amended by the Protocol concluded at London on November 19, 1976 and the Protocol concluded at London on November 27, 1992.
“Convention ship”
« navire assujetti à la Convention »
“Convention ship” means a seagoing ship, wherever registered,
(a) carrying, in bulk as cargo, crude oil, fuel oil, heavy diesel oil, lubricating oil or any other persistent hydrocarbon mineral oil; or
(b) on a voyage following any such carriage of such oil, unless it is proved that there is no residue of the oil on board.
“discharge”
« rejet »
“discharge”, in relation to a pollutant, means any discharge of the pollutant that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.
“Fund Convention”
« Convention sur le Fonds international »
“Fund Convention” means the International Convention on the Establishment of the International Fund for Compensation for Oil Pollution Damage, concluded at Brussels on December 18, 1971, as amended by the Protocol concluded at London on November 19, 1976 and the Protocol concluded at London on November 27, 1992.
“guarantor”
« garant »
“guarantor” means a guarantor under a contract of liability insurance or other similar security relating to a shipowner’s liability under section 51.
“in bulk”
« en vrac »
“in bulk” means in a hold or tank that is part of the structure of a ship, without any intermediate form of containment.
“International Fund”
« Fonds international »
“International Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention.
“Limitation of Liability Convention”
« Convention sur la limitation de responsabilité »
“Limitation of Liability Convention” has the meaning ascribed to the word “Convention” in section 24.
“oil”
« hydrocarbures »
“oil”, except in sections 93 to 99, means oil of any kind or in any form and includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil.
“oil pollution damage”
« dommages dus à la pollution par les hydrocarbures »
“oil pollution damage”, in relation to any ship, means loss or damage outside the ship caused by contamination resulting from the discharge of oil from the ship.
“owner”
« propriétaire »
“owner” means
(a) in relation to a Convention ship, the person who is registered as the owner of the ship or, if no person is so registered,
(i) the person who owns the ship, or
(ii) if the ship is owned by a state and operated by a company that is registered as the ship’s operator in that state, that company; or
(b) in relation to any other ship, the person who has for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use.
“pollutant”
« polluant »
“pollutant” means
(a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or plant that is useful to humans; and
(b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or plant that is useful to humans,
and includes oil and any substance or class of substances identified by the regulations as a pollutant for the purposes of this Part.
“pollution damage”
« dommages dus à la pollution »
“pollution damage”, in relation to any ship, means loss or damage outside the ship caused by contamination resulting from the discharge of a pollutant from the ship.
“ship”
« navire »
“ship” means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includes
(a) a ship in the process of construction from the time that it is capable of floating; and
(b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up.
“Ship-source Oil Pollution Fund”
« Caisse d’indemnisation »
“Ship-source Oil Pollution Fund” means the Ship-source Oil Pollution Fund established by section 77.
Page Details
- Date modified: