Marine Liability Act (S.C. 2001, c. 6)

Act current to 2014-09-29 and last amended on 2010-01-02. Previous Versions

Bunkers Convention

Marginal note:Force of law

 Articles 1 to 10 of the Bunkers Convention — that are set out in Schedule 8 — have the force of law in Canada.

  • 2001, c. 6, s. 69;
  • 2009, c. 21, s. 11.
Marginal note:State Party
  •  (1) For the purposes of the application of the Bunkers Convention, Canada is a State Party.

  • Marginal note:Appropriate authority

    (2) For the purposes of the application of Article 7 of the Bunkers Convention, the Minister is the appropriate authority for Canada.

  • 2001, c. 6, s. 70;
  • 2009, c. 21, s. 11.
Marginal note:Liability for pollution and related costs

 The liability of the owner of a ship in relation to preventive measures, for the purposes of the Bunkers Convention, also includes

  • (a) the costs and expenses incurred by the Minister of Fisheries and Oceans, a response organization within the meaning of section 165 of the Canada Shipping Act, 2001, any other person in Canada or any person in a state, other than Canada, that is a party to that Convention in respect of measures taken to prevent, repair, remedy or minimize pollution damage from the ship, including measures taken in anticipation of a discharge of bunker oil from it, to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures; and

  • (b) in relation to bunker oil, the costs and expenses incurred by

    • (i) the Minister of Fisheries and Oceans in respect of measures taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001, in respect of any monitoring under paragraph 180(1)(b) of that Act or in relation to any direction given under paragraph 180(1)(c) of that Act to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures, or

    • (ii) any other person in respect of the measures that they were directed to take or refrain from taking under paragraph 180(1)(c) of the Canada Shipping Act, 2001 to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures.

  • 2001, c. 6, s. 71;
  • 2009, c. 21, s. 11.
Marginal note:Application of Part 3

 Part 3 applies to claims arising under the Bunkers Convention.

  • 2001, c. 6, s. 72;
  • 2009, c. 21, s. 11.