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

Act current to 2013-05-20 and last amended on 2010-01-02. Previous Versions

Marginal note:Application of Part 3

78. Part 3 applies to any claim referred to in section 77.

  • 2001, c. 6, s. 78;
  • 2009, c. 21, s. 11.
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Division 3

General Provisions

Admiralty Court

Marginal note:Jurisdiction

  • 79. (1) The Admiralty Court has jurisdiction with respect to claims for compensation brought in Canada under any convention under Division 1 and claims for compensation under Division 2.

  • Marginal note:Jurisdiction may be exercised in rem

    (2) The jurisdiction conferred on the Admiralty Court may be exercised in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court.

  • Marginal note:Exempt ships and cargoes

    (3) No action in rem may be commenced in Canada against

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

    • (b) a ship owned or operated by Canada or a province, or any cargo carried on such a ship, if the ship is engaged on government service; or

    • (c) a ship owned or operated by a state, other than Canada, or any cargo carried on such a ship, with respect to a claim if, at the time the claim arises or the action is commenced, the ship is being used exclusively for non-commercial governmental purposes.

  • 2001, c. 6, s. 79;
  • 2009, c. 21, s. 11.
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Registration of Foreign Judgments

Marginal note:Definitions

80. The following definitions apply in this section and in sections 81 to 89.

“foreign judgment”

« jugement étranger »

“foreign judgment” means a judgment — of a court of a state, other than Canada, that is a party to one of the following conventions or the protocol — rendered under the

  • (a) Civil Liability Convention within the meaning of subsection 47(1);

  • (b) Fund Convention within the meaning of subsection 47(1);

  • (c) Supplementary Fund Protocol within the meaning of subsection 47(1);

  • (d) Bunkers Convention within the meaning of subsection 47(1).

“judgment creditor”

« bénéficiaire »

“judgment creditor” means a person in whose favour a foreign judgment is rendered, and includes the person’s assigns, successors, heirs, executors, liquidators of the succession, administrators and legal representatives.

“judgment debtor”

« débiteur »

“judgment debtor” means a person against whom a foreign judgment is rendered, and includes a person against whom the foreign judgment is enforceable under the law of the state in which it is rendered.

  • 2001, c. 6, s. 80;
  • 2009, c. 21, s. 11.
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