Federal Courts Act

Marginal note:Jurisdiction in personam

• 43 (1) Subject to subsection (4), the jurisdiction conferred on the Federal Court by section 22 may in all cases be exercised in personam.

• Marginal note:Jurisdiction in rem

  (2) Subject to subsection (3), the jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against the ship, aircraft or other property that is the subject of the action, or against any proceeds from its sale that have been paid into court.

• Marginal note:Exception

  (3) Despite subsection (2), the jurisdiction conferred on the Federal Court by section 22 shall not be exercised in rem with respect to a claim mentioned in paragraph 22(2)(e), (f), (g), (h), (i), (k), (m), (n), (p) or (r) unless, at the time of the commencement of the action, the ship, aircraft or other property that is the subject of the action is beneficially owned by the person who was the beneficial owner at the time when the cause of action arose.

• Marginal note:Where action in personam may be commenced

  (4) No action in personam may be commenced in Canada for a collision between ships unless

  • (a) the defendant is a person who has a residence or place of business in Canada;

  • (b) the cause of action arose in Canadian waters; or

  • (c) the parties have agreed that the Federal Court is to have jurisdiction.

• Marginal note:Exception

  (5) Subsection (4) does not apply to a counter-claim or an action for a collision, in respect of which another action has already been commenced in the Federal Court.

• Marginal note:Where suit pending outside Canada

  (6) Where an action for a collision between ships has been commenced outside Canada, an action shall not be commenced in Canada by the same person against the same defendant on the same facts unless the action in the other jurisdiction has been discontinued.

• Marginal note:Ship owned by sovereign power

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

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

  • (b) any ship owned or operated by Canada or a province, or any cargo laden thereon, where the ship is engaged on government service; or

  • (c) any ship owned or operated by a sovereign power other than Canada, or any cargo laden thereon, with respect to any claim where, at the time the claim arises or the action is commenced, the ship is being used exclusively for non-commercial governmental purposes.

• Marginal note:Arrest

  (8) The jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is owned by the beneficial owner of the ship that is the subject of the action.

• Marginal note:Reciprocal security

  (9) In an action for a collision in which a ship, an aircraft or other property of a defendant has been arrested, or security has been given to answer judgment against the defendant, and in which the defendant has instituted a cross-action or counter-claim in which a ship, an aircraft or other property of the plaintiff is liable to arrest but cannot be arrested, the Federal Court may stay the proceedings in the principal action until security has been given to answer judgment in the cross-action or counter-claim.