An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts (S.C. 2009, c. 21)

Assented to 2009-06-23

 The Act is amended by adding the following in numerical order:

Maritime Lien

Definition of “foreign vessel”

  • 139. (1) In this section, “foreign vessel” has the same meaning as in section 2 of the Canada Shipping Act, 2001.

  • Marginal note:Maritime lien

    (2) A person, carrying on business in Canada, has a maritime lien against a foreign vessel for claims that arise

    • (a) in respect of goods, materials or services wherever supplied to the foreign vessel for its operation or maintenance, including, without restricting the generality of the foregoing, stevedoring and lighterage; or

    • (b) out of a contract relating to the repair or equipping of the foreign vessel.

  • Marginal note:Services requested by owner

    (2.1) Subject to section 251 of the Canada Shipping Act, 2001, for the purposes of paragraph (2)(a), with respect to stevedoring or lighterage, the services must have been provided at the request of the owner of the foreign vessel or a person acting on the owner’s behalf.

  • Marginal note:Exception

    (3) A maritime lien against a foreign vessel may be enforced by an action in rem against a foreign vessel unless

    • (a) the vessel is a warship, coast guard ship or police vessel; or

    • (b) at the time the claim arises or the action is commenced, the vessel is being used exclusively for non-commercial governmental purposes.

  • Marginal note:Federal Courts Act

    (4) Subsection 43(3) of the Federal Courts Act does not apply to a claim secured by a maritime lien under this section.

Limitation Period

Marginal note:Proceedings under maritime law

140. Except as otherwise provided in this Act or in any other Act of Parliament, no proceedings under Canadian maritime law in relation to any matter coming within the class of navigation and shipping may be commenced later than three years after the day on which the cause of action arises.

 The Act is amended by adding the following in numerical order:

Inconsistency

Marginal note:Priority over Arctic Waters Pollution Prevention Act

141. In the event of an inconsistency between this Act and the provisions of the Arctic Waters Pollution Prevention Act, the provisions of this Act prevail to the extent of the inconsistency.

Coming Into Force

Marginal note:Order in council

142. Section 45 comes into force on a day to be fixed by order of the Governor in Council.

 Schedule 1 to the Act is amended by replacing the reference “(Section 24)” after the heading “SCHEDULE 1” with the references “(Section 24 and subsections 26(2) and 31(1))”.

 Schedule 1 to the Act is amended by adding the following after Part 2:

PART 3

Text of reservations made under Article 18 of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976

  • 1. Claims in respect of the raising, removal, destruction or rendering harmless of a ship that is sunk, wrecked, stranded or abandoned, including anything that is or has been on board that ship.

 Schedule 2 to the Act is amended by replacing the reference “(Section 35)” after the heading “SCHEDULE 2” with the references “(Sections 35 and 40)”.

 The Act is amended by adding, after Schedule 4, the Schedules 5 to 8 set out in the schedule to this Act.

R.S., c. F-7; 2002, c. 8, s. 14FEDERAL COURTS ACT

Marginal note:2002, c. 8, s. 40(4)

 Subsection 43(8) of the English version of the Federal Courts Act is replaced by the following:

  • Marginal note:Arrest

    (8) The jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is owned by the beneficial owner of the ship that is the subject of the action.

TRANSITIONAL PROVISIONS

 A claim to recover loss, damage, costs or expenses filed with the Administrator under section 85 of the Marine Liability Act before the day on which this section comes into force is deemed to have been filed under section 103 of the Marine Liability Act, as enacted by section 11.

 The Administrator and Deputy Administrator who are in office on the day on which this section comes into force shall continue to perform their duties and functions as if they had been appointed under section 94 or 95, as the case may be, of the Marine Liability Act, as enacted by section 11.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-12Arctic Waters Pollution Prevention Act

Marginal note:2001, c. 6, s. 109

 Section 2.1 of the Arctic Waters Pollution Prevention Act is replaced by the following:

Marginal note:Inconsistency with Marine Liability Act

2.1 In the event of an inconsistency between the provisions of this Act, or any regulation made under this Act, and the provisions of the Marine Liability Act, the provisions of that Act prevail to the extent of the inconsistency.

2002, c. 10Nunavut Waters and Nunavut Surface Rights Tribunal Act

 Subsection 152(3) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act is replaced by the following:

  • Marginal note:Definitions from Marine Liability Act

    (3) For the purposes of the definition “developer” in subsection (1) and for the purposes of sections 153 and 154, the words “discharge”, “oil”, “owner” and “ship” have the same meaning as in section 91 of the Marine Liability Act.

 Subsection 154(2) of the Act is replaced by the following:

  • Marginal note:Liability of Fund

    (2) In relation to loss or damage resulting from a discharge of oil from a ship that is engaged in marine transportation as described in paragraph (c) of the definition “development activity” in subsection 152(1), the Ship-source Oil Pollution Fund established under Part 7 of the Marine Liability Act is liable to the same extent that a developer would be liable under section 153 if paragraph 153(2)(b) did not apply.

COMING INTO FORCE

Marginal note:Royal assent
  •  (1) Sections 1 to 10, 12, 14 to 16 and 18 come into force 90 days after the day on which this Act receives royal assent.

  • Marginal note:Order in council

    (2) Sections 11, 13, 17 and 19 to 23 come into force on a day to be fixed by order of the Governor in Council.

 
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