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

Full Document:  

Act current to 2019-12-03 and last amended on 2018-12-13. Previous Versions

PART 2Apportionment of Liability (continued)

General (continued)

Marginal note:Claim for contribution or indemnity

 A person who is entitled to claim contribution or indemnity under this Part from another person or ship that is or may be liable in respect of a loss may do so

  • (a) by adding the other person or ship as a party to a proceeding pending before a court or an administrative or arbitral tribunal of competent jurisdiction, in accordance with the applicable rules of procedure or arbitration agreement;

  • (b) by commencing a proceeding in a court or an administrative or arbitral tribunal of competent jurisdiction; or

  • (c) if the other person or ship has settled with the person suffering the loss, by commencing or continuing a proceeding before a court or an administrative or arbitral tribunal of competent jurisdiction.

Marginal note:Adjustment of settlement

 The court or administrative or arbitral tribunal in which a proceeding is continued or commenced under paragraph 18(c) may deny the award of damages or adjust the amount awarded if it is not satisfied that the settlement was reasonable.

Marginal note:Limitation period

  •  (1) No claim may be made under section 18 later than one year after the date of judgment in the proceeding or the date of the settlement agreement.

  • Marginal note:Claims not defeated

    (2) A claim under section 18 is not defeated by any period of limitation or prescription, or by any requirement for notice, that is applicable to the original claim in respect of which contribution or indemnity is sought.

Marginal note:Last clear chance

 This Part applies notwithstanding that a person who suffered a loss had the opportunity to avoid the loss and failed to do so.

Marginal note:Contractual rights

 The rights conferred by this Part on a person or ship that is found liable or that settles a claim are subject to any existing contract between that person or ship and a person from whom contribution or indemnity is claimed.

Limitation of Time

Marginal note:Limitation period for claim or lien

  •  (1) No action may be commenced later than two years after the loss or injury arose to enforce a claim or lien against a ship in collision or its owners in respect of any loss to another ship, its cargo or other property on board, or any loss of earnings of that other ship, or for damages for loss of life or personal injury suffered by any person on board that other ship, caused by the fault or neglect of the former ship, whether that ship is wholly or partly at fault or negligent.

  • Marginal note:Extension of time by court

    (2) A court having jurisdiction to deal with an action referred to in subsection (1)

    • (a) may, in accordance with the rules of court, extend the period referred to in that subsection to the extent and on the conditions that it thinks fit; and

    • (b) shall, if satisfied that there has not during that period been a reasonable opportunity of arresting the ship within the jurisdiction of the court, or within the territorial waters of the country to which the claimant’s ship belongs or in which the claimant resides or has their principal place of business, extend that period to an extent sufficient to provide that reasonable opportunity.

  • Definition of owner

    (3) In this section, owner, in relation to a ship, includes any person responsible for the navigation and management of the ship or any other person responsible for the fault or neglect of the ship.

PART 3Limitation of Liability for Maritime Claims

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

Convention

Convention means the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on November 19, 1976, as amended by the Protocol, Articles 1 to 15 of which Convention are set out in Part 1 of Schedule 1 and Article 18 of which is set out in Part 2 of that Schedule. (Convention)

maritime claim

maritime claim means a claim described in Article 2 of the Convention for which a person referred to in Article 1 of the Convention is entitled to limitation of liability. (créance maritime)

passenger

passenger means

  • (a) a person carried on board a ship in circumstances described in paragraph 2(a) or (b) of Article 7 of the Convention;

  • (b) a participant in an adventure tourism activity referred to in subsection 37.1(1);

  • (c) a person carried on board a vessel propelled manually by paddles or oars and operated for a commercial or public purpose; and

  • (d) a sail trainee. (passager)

Protocol

Protocol means the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on May 2, 1996, Articles 8 and 9 of which are set out in Part 2 of Schedule 1. (Protocole)

unit of account

unit of account means a special drawing right issued by the International Monetary Fund. (unités de compte)

  • 2001, c. 6, s. 24
  • 2009, c. 21, s. 1

Marginal note:Extended meaning of expressions

  •  (1) For the purposes of this Part and Articles 1 to 15 of the Convention,

    • (a) ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includes

      • (i) a ship in the process of construction from the time that it is capable of floating, and

      • (ii) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up,

      but does not include an air cushion vehicle or a floating platform constructed for the purpose of exploring or exploiting the natural resources or the subsoil of the sea-bed;

    • (b) the definition shipowner in paragraph 2 of Article 1 of the Convention shall be read without reference to the word “seagoing” and as including any person who has an interest in or possession of a ship from and including its launching; and

    • (c) the expression “carriage by sea” in paragraph 1(b) of Article 2 of the Convention shall be read as “carriage by water”.

  • Marginal note:Inconsistency

    (2) In the event of any inconsistency between sections 28 to 34 of this Act and Articles 1 to 15 of the Convention, those sections prevail to the extent of the inconsistency.

Application

Marginal note:Force of law

  •  (1) Subject to the other provisions of this Part, Articles 1 to 15 and 18 of the Convention and Articles 8 and 9 of the Protocol have the force of law in Canada.

  • Marginal note:Amendments to Part 3 of Schedule 1

    (2) The Governor in Council may, by regulation, amend Part 3 of Schedule 1 to add or delete a reservation made by Canada under Article 18 of the Convention.

  • Marginal note:Exceptions

    (3) This Part does not apply to a claim that is the subject of a reservation made by Canada.

  • 2001, c. 6, s. 26
  • 2009, c. 21, s. 2

Marginal note:State Party to the Convention

 For purposes of the application of the Convention, Canada is a State Party to the Convention.

Marginal note:Passenger claims

  •  (1) The maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to passengers of a ship of less than 300 gross tonnage is the greater of

    • (a) 2 000 000 units of account, and

    • (b) 175 000 units of account multiplied by

      • (i) the number of passengers that the ship is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001, or

      • (ii) the number of passengers on board the ship, if no Canadian maritime document is required under that Act.

  • Marginal note:Claims — no contract of carriage

    (2) The maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to persons carried on board a ship of less than 300 gross tonnage otherwise than under a contract of passenger carriage is the greater of

    • (a) 2 000 000 units of account, and

    • (b) 175 000 units of account multiplied by

      • (i) the number of passengers that the ship is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001, or

      • (ii) the number of persons on board the ship, if no Canadian maritime document is required under that Act.

  • Marginal note:Exception

    (3) Subsection (2) does not apply in respect of

    • (a) the master of a ship, a member of a ship’s crew — or any other person employed or engaged in any capacity on the business of a ship — when they are carried on board the ship;

    • (b) a person carried on board a ship other than a ship operated for a commercial or public purpose;

    • (c) a person carried on board a ship in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented;

    • (c.1) a stowaway, a trespasser or any other person who boards a ship without the consent or knowledge of the master or the owner; or

    • (d) a person who is a member of a class of persons prescribed under paragraph 34.1(a).

  • 2001, c. 6, s. 28
  • 2009, c. 21, s. 3
 
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