Marginal note:Application for stay of execution
89. (1) At any time after a foreign judgment is registered under section 82, the judgment debtor may apply to the Admiralty Court, in accordance with its rules, to have the execution of the registered judgment stayed on the grounds that an application to set aside the registration has been made under subsection 88(1), and, if that Court is satisfied that the application has been made, it may stay the execution of the judgment either absolutely or for the period and on the terms and conditions that it considers appropriate and may, on further evidence, vary or terminate a stay of execution.
Marginal note:Grounds exclusive
(2) Execution of a registered judgment may only be stayed on the grounds that an application to set aside the registration has been made under subsection 88(1).
- 2001, c. 6, s. 89;
- 2003, c. 22, s. 225(E);
- 2009, c. 21, s. 11.
Marginal note:Governor in Council
90. The Governor in Council may make regulations
(a) imposing a fee for the issuance of a certificate under section 56 or 74;
(b) respecting conditions under which certif-icates may be issued, refused or revoked for the purposes of subsections 56(2) to (4);
(c) respecting the form and content of the notice to be given under subsection 54(1);
(d) extending the application of the Bunkers Convention, within the meaning of subsection 47(1), to ships or classes of ships excluded from the application of that Convention and specifying the terms and conditions that are applicable to those ships or classes of ships under Article 4 of that Convention;
(e) providing that Article 7 of the Bunkers Convention, within the meaning of subsection 47(1), does not apply to ships or classes of ships operating exclusively within the area referred to in Article 2(a)(i) of that Convention;
(f) governing the performance of the functions of a person designated under subsection 74(2);
(g) respecting conditions under which certif-icates may be issued, refused or revoked for the purposes of subsections 74(3) to (5); and
(h) generally for carrying out the purposes and provisions of this Part.
- 2001, c. 6, s. 90;
- 2009, c. 21, s. 11.
SHIP-SOURCE OIL POLLUTION FUND
91. (1) The following definitions apply in this Part.
« rejet »
“discharge”, in relation to oil, means a discharge of oil that directly or indirectly results in the oil entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.
« en vrac »
“in bulk” means in a hold or tank that is part of a ship’s structure, without any intermediate form of containment.
« hydrocarbures »
“oil” means oil of any kind or in any form and includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil.
“oil pollution damage”
« dommages dus à la pollution par les hydrocarbures »
“oil pollution damage”, in relation to a ship, means loss or damage outside the ship caused by contamination resulting from the discharge of oil from the ship.
« propriétaire »
(a) in relation to a ship subject to the Civil Liability Convention, has the same meaning as in Article I of that Convention;
(b) in relation to a ship subject to the Bunkers Convention, has the same meaning as the definition “Shipowner” in Article 1 of that Convention; and
(c) in relation to any other ship, means the person who has for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use.
« navire »
“ship” means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to its method of propulsion or lack of propulsion, and includes
(a) a ship in the process of construction from the time that it is capable of floating; and
(b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up.
“Ship-source Oil Pollution Fund”
« Caisse d’indemnisation »
“Ship-source Oil Pollution Fund” means the Ship-source Oil Pollution Fund continued by section 92.
Marginal note:Other definitions
(2) In this Part, “Bunkers Convention”, “Civil Liability Convention”, “Fund Convention”, “International Fund”, “Supplementary Fund” and “Supplementary Fund Protocol” have the same meaning as in subsection 47(1).
- 2001, c. 6, s. 91;
- 2009, c. 21, s. 11.
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