Marginal note:By whom certificate to be issued

• 61. (1) The certificate referred to in subsection 60(1)

  • (a) must be a certificate issued by the Minister, if the Convention ship is registered in Canada;

  • (b) must be a certificate issued by or under the authority of the government of the state of registration, if the Convention ship is registered in a state other than Canada that is a party to the Civil Liability Convention; or

  • (c) must be a certificate issued or recognized by the Minister, if the Convention ship is registered in a state other than Canada that is not a party to the Civil Liability Convention.

• Marginal note:Issuance of certificate by Minister

  (2) On an application to the Minister for a certificate referred to in subsection 60(1) in respect of a Convention ship registered in Canada or registered in a state other than Canada that is not a party to the Civil Liability Convention, the Minister shall, subject to subsection (3), issue such a certificate to the owner of the ship if the Minister is satisfied that a contract of insurance or other security satisfying the requirements of Article VII of the Civil Liability Convention will be in force in respect of the ship throughout the period for which the certificate is issued.

• Marginal note:When Minister may refuse certificate

  (3) If the Minister believes that the guarantor will be unable to meet the guarantor’s obligations under the contract of insurance or other security referred to in subsection 60(1), or that the insurance or other security will not cover the owner’s liability under section 51, the Minister may refuse to issue the certificate referred to in subsection 60(1).

Marginal note:Claimant may sue owner’s guarantor

62. A claimant may commence an action against a guarantor of the owner of a Convention ship in respect of a matter referred to in subsection 51(1) and, in that event,

• (a) the guarantor is entitled to establish the defences affecting the owner’s liability set out in subsection 51(3) and, in addition, may establish as a defence that the occurrence resulted from the wilful misconduct of the owner;

• (b) the guarantor may not plead as a defence the bankruptcy or winding-up of the owner;

• (c) irrespective of whether the owner is entitled to limitation of liability, the guarantor is entitled to limitation of liability in respect of claims made by virtue of this section to the same amount and in like manner as an owner is entitled to limitation of liability under this Part; and

• (d) if the owner of a Convention ship and the guarantor each applies to the Admiralty Court in accordance with subsection 58(2) in order to limit their liability, any amount paid into court or filed as a guarantee pursuant to either application shall be treated as paid or filed also pursuant to the other application.

Registration of Foreign Judgments

Marginal note:Definitions

63. The definitions in this section apply in this section and in sections 64 to 71.

“foreign judgment”

« jugement étranger »

“foreign judgment” means a judgment of a court of a state other than Canada that is a party to the Civil Liability Convention in respect of a liability described in Article III of that Convention, resulting from an occurrence after the entry into force of that Convention for Canada.

“judgment creditor”

« bénéficiaire du jugement »

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

“judgment debtor”

« débiteur »

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

Marginal note:Registration of foreign judgments

• 64. (1) If a foreign judgment has been rendered, the judgment creditor may, at any time during which the foreign judgment is enforceable in the state in which it was rendered, apply to the Admiralty Court in accordance with its rules to have the foreign judgment registered in that Court.

• Marginal note:Court may register foreign judgment

  (2) On an application made under subsection (1), the Admiralty Court may, subject to subsections (3) and (4) and section 67, order the registration of the foreign judgment if it is satisfied

  • (a) that a case for registration has been made; and

  • (b) that the foreign judgment is not under appeal and is no longer subject to appeal in the state in which it was rendered.

• Marginal note:If judgment debtor appears

  (3) If, under the rules of the Admiralty Court, the judgment debtor appears at the hearing of an application made under subsection (1), that Court may not order the registration of the foreign judgment if it is satisfied that

  • (a) the foreign judgment has been fully satisfied;

  • (b) the foreign court acted without jurisdiction;

  • (c) the foreign judgment was obtained by fraud; or

  • (d) the defendant in the foreign action was not given reasonable notice and a fair opportunity to present their case.

• Marginal note:When judgment partly satisfied

  (4) On any application made under subsection (1), if the Court is satisfied that the foreign judgment has been partly satisfied, the foreign judgment shall be ordered to be registered only in respect of the balance remaining payable.

Marginal note:Pre-registration interest

65. For the purpose of section 64, a foreign judgment includes any interest, up to the day of registration, that has accrued on it under the law of the state in which it was rendered.

Marginal note:Costs

66. Reasonable costs incurred by the judgment creditor related to the registration of the foreign judgment, including the cost of obtaining an exemplification or certified copy of it from the foreign court, are recoverable in the same manner as if they were amounts payable under the foreign judgment, and the costs shall be taxed by an assessment officer of the Admiralty Court and the assessment endorsed on the order for registration.

Marginal note:Conversion to Canadian currency

• 67. (1) A foreign judgment expressed in a currency other than Canadian currency cannot be registered under section 64 until the Admiralty Court has determined the equivalent amount in Canadian currency on the basis of the rate of exchange prevailing on the day on which the foreign judgment was rendered, as ascertained from any bank in Canada, and, for the purpose of making that determination, that Court may require the judgment creditor to provide any evidence of the applicable rate of exchange that that Court considers necessary.

• Marginal note:Registered judgment to be in Canadian currency

  (2) When the equivalent amount in Canadian currency has been determined in accordance with subsection (1), the Admiralty Court shall certify on the order for registration the amount so determined, and the foreign judgment, when registered, is deemed to be a judgment for payment of the amount so certified.

Marginal note:Effect of registration

68. Subject to section 69, a foreign judgment registered under section 64 has, as of the date of registration, the same force and effect as a judgment of the Admiralty Court rendered on that date.

Marginal note:Service of notice of registration

69. If a foreign judgment is registered under section 64 after an ex parte hearing, execution of the registered judgment may not issue until the expiry of 30 days after the judgment debtor has been served with a notice of registration of the foreign judgment in the manner set out in the rules of the Admiralty Court for the service of originating documents.

Marginal note:Application to set aside registration

• 70. (1) At any time after a foreign judgment has been registered under section 64, the judgment debtor may apply to the Admiralty Court, in accordance with its rules, to have the registration of the judgment set aside on any of the grounds set out in subsection (2).

• Marginal note:Grounds for setting aside registration

  (2) On an application by a judgment debtor under subsection (1), the Admiralty Court shall set aside the registration of the foreign judgment if it is satisfied that

  • (a) the foreign judgment had been fully or partly satisfied;

  • (b) the foreign court acted without jurisdiction;

  • (c) the foreign judgment was obtained by fraud;

  • (d) the defendant in the foreign action was not given reasonable notice and a fair opportunity to present their case;

  • (e) the registration of the foreign judgment was obtained by fraud;

  • (f) an error was made in the conversion of the foreign judgment to Canadian currency under section 67;

  • (g) the registered judgment included interest on the foreign judgment to which the judgment creditor was not entitled; or

  • (h) for any other reason that Court erred in registering the foreign judgment.

• Marginal note:Reduction of registered amount

  (3) If the Admiralty Court sets aside the registration of a foreign judgment on the ground that it had been partly satisfied, or on a ground referred to in paragraph (2)(f) or (g), it shall order the foreign judgment to be registered in the reduced amount.

Marginal note:Application for stay of execution

• 71. (1) At any time after a foreign judgment has been registered under section 64, 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 70(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 not be stayed except on the grounds that an application to set aside the registration has been made under subsection 70(1).

Division 2Compensation for Pollution

International Oil Pollution Compensation Fund

Marginal note:Legal capacity of International Fund

72. For the purposes of the rights and obligations described in this Part, the International Fund has the capacity, rights and obligations of a natural person, and the Director of the International Fund is its legal representative.