Marine Insurance Act (S.C. 1993, c. 22)

Act current to 2017-09-27

Marine Insurance Act

S.C. 1993, c. 22

Assented to 1993-05-06

An Act respecting marine insurance

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Marine Insurance Act.

Interpretation and Application

Marginal note:Definitions
  •  (1) In this Act,

    action

    action

    action includes a counterclaim and a set-off; (action)

    contract

    contrat

    contract means a contract of marine insurance as described in subsection 6(1); (contrat)

    freight

    fret

    freight includes the profit derivable by a shipowner from the use of the shipowner’s ship to carry the shipowner’s goods or movables and freight payable by a third party, but does not include passenger fares; (fret)

    goods

    marchandises

    goods means goods in the nature of merchandise, but does not include personal effects or provisions or stores for use on board a ship; (marchandises)

    insurable property

    bien assurable

    insurable property means any ship, goods or movables; (bien assurable)

    marine adventure

    opérations maritimes

    marine adventure means any situation where insurable property is exposed to maritime perils, and includes any situation where

    • (a) the earning or acquisition of any freight, commission, profit or other pecuniary benefit, or the security for any advance, loan or disbursement, is endangered by the exposure of insurable property to maritime perils, and

    • (b) any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property, by reason of maritime perils; (opérations maritimes)

    marine policy

    police maritime

    marine policy means the instrument evidencing a contract; (police maritime)

    maritime perils

    périls de mer

    maritime perils means the perils consequent on or incidental to navigation, including perils of the seas, fire, war perils, acts of pirates or thieves, captures, seizures, restraints, detainments of princes and peoples, jettisons, barratry and all other perils of a like kind and, in respect of a marine policy, any peril designated by the policy; (périls de mer)

    movable

    bien mobilier

    movable means any movable tangible property, other than a ship or goods, and includes money, valuable securities and other documents; (bien mobilier)

    ship

    navire

    ship includes the hull, machinery, materials and outfit and the stores and provisions for the officers and crew and also includes fuel, oils and engine stores, if they are owned by the insured, and, in the case of a ship engaged in a special trade, the ordinary fittings required for the trade. (navire)

  • Marginal note:Other terms

    (2) The following terms have the meanings assigned by the provisions indicated beside them:

    • (a) actual total loss, subsection 56(1);

    • (b) constructive total loss, section 57;

    • (c) general average act, subsection 65(2);

    • (d) general average contribution, subsection 65(3);

    • (e) general average expenditure, subsection 65(2);

    • (f) general average loss, subsection 65(1);

    • (g) general average sacrifice, subsection 65(2);

    • (h) particular average loss, subsection 63(1);

    • (i) particular charges, subsection 63(2);

    • (j) salvage charges, subsection 64(1);

    • (k) time policy, subsection 29(3);

    • (l) unvalued policy, subsection 30(3);

    • (m) valued policy, subsection 30(2); and

    • (n) voyage policy, subsection 29(2).

Marginal note:Construction of marine policies

 Subject to this Act and unless a contrary intention appears, the words and terms set out in the schedule have, when used in a marine policy, the meanings assigned by the schedule.

Marginal note:Rules of Canadian maritime law

 The rules of Canadian maritime law continue to apply in respect of contracts, except in so far as the rules are inconsistent with this Act.

Marginal note:Application

 This Act applies in respect of contracts concluded on or after the coming into force of this Act.

Contract of Marine Insurance

Marginal note:Contract of marine insurance
  •  (1) A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the insured, in the manner and to the extent agreed in the contract, against

    • (a) losses that are incidental to a marine adventure or an adventure analogous to a marine adventure, including losses arising from a land or air peril incidental to such an adventure if they are provided for in the contract or by usage of the trade; or

    • (b) losses that are incidental to the building, repair or launch of a ship.

  • Marginal note:Coverage

    (2) Subject to this Act, any lawful marine adventure may be the subject of a contract.

Insurable Interest

Marginal note:Insurable interest required
  •  (1) In order to recover under a contract for a loss, the insured must have an insurable interest in the subject-matter insured at the time of the loss, but need not have such an interest when the contract is concluded.

  • Marginal note:“Lost or not lost” insurance

    (2) Notwithstanding subsection (1), where the subject-matter is insured “lost or not lost”, the insured may recover in respect of an insurable interest in the subject-matter acquired after a loss unless, at the time the contract was concluded, the insured was aware of the loss and the insurer was not.

  • Marginal note:Where no interest

    (3) An insured who has no insurable interest in the subject-matter insured at the time of a loss cannot acquire an insurable interest by any act or election after becoming aware of the loss.

Marginal note:Insurable interest - general principle
  •  (1) Subject to this Act, a person who has an interest in a marine adventure has an insurable interest.

  • Marginal note:Interest in marine adventure

    (2) A person has an interest in a marine adventure if the person has a legal or equitable relation to the adventure, or to any insurable property at risk in the adventure, and may benefit from the safety or due arrival of insurable property, may be prejudiced by its loss, damage or detention or may incur liability in respect of it.

Marginal note:Defeasible or contingent interests
  •  (1) A defeasible interest and a contingent interest are insurable interests.

  • Marginal note:Buyer of goods

    (2) A buyer of goods who has insured them has an insurable interest even though the buyer might have elected to reject the goods or to treat them as at the seller’s risk for any reason, including a delay in delivering them.

Marginal note:Partial interest

 A partial interest of any nature is an insurable interest.

Marginal note:Master and crew’s wages

 The master and any member of the crew of a ship have insurable interests in their own wages.

 
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