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

 Subsection 30(2) of the Act is replaced by the following:

  • 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 section 29.1.

 Section 31 of the Act is replaced by the following:

Marginal note:Amendment of limits
  • 31. (1) The Governor in Council may, by regulation, amend Schedule 1 to implement an amendment that is made in accordance with Article 8 of the Protocol to any of the limits of liability that are specified in paragraph 1 of Article 6 or paragraph 1 of Article 7 of the Convention.

  • Marginal note:Amendment of sections 28, 29 and 30

    (2) The Governor in Council may, by regulation, amend the limits of liability set out in sections 28, 29 and 30.

 The Act is amended by adding the following after section 34:

Regulations

Marginal note:Governor in Council

34.1 The Governor in Council may make regulations

  • (a) prescribing classes of persons for the purpose of paragraph 28(3)(d); and

  • (b) generally for carrying out the purposes and provisions of this Part.

  •  (1) Paragraph 36(1)(a) of the Act is replaced by the following:

    • (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, whether seagoing or not, but not including an air cushion vehicle or a vessel propelled manually by paddles or oars; and

  • (2) Section 36 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Inconsistency

      (3) In the event of any inconsistency between this section and sections 35 and 37 to 40 of this Act and Articles 1 to 22 of the Convention, those sections prevail to the extent of the inconsistency.

 Paragraph 37(2)(b) of the Act is amended by striking out “and” at the end of subparagraph (i) and by adding the following after subparagraph (ii):

  • (iii) a person carried on board 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, and

  • (iv) a stowaway, a trespasser or any other person who boards a ship without the consent or knowledge of the master or the owner.