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

Marginal note:State Party to the Convention

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

Regulations and Orders

Marginal note:Governor in Council

39 The Governor in Council may make regulations

• (a) respecting insurance or other financial security to be maintained in respect of classes of carriage, ships or persons to cover liability under this Part up to the maximum amount set out in it;

• (b) respecting the form and manner in which proof of insurance or other financial security is provided;

• (c) prescribing any condition for the purpose of subsection 37.1(1);

• (d) prescribing classes of persons for the purpose of subsection 37.1(2); and

• (e) generally for carrying out the purposes and provisions of this Part.

Marginal note:Amendment of limits

40 The Governor in Council may, by regulation, amend Schedule 2 to implement an amendment that is made in accordance with Article VIII of the Protocol to any of the limits of liability that are specified in paragraph 1 of Article 7 or in Article 8 of the Convention, including the deductibles referred to in that Article 8.

PART 5Liability for Carriage of Goods by Water

Interpretation

Marginal note:Definitions

41 The definitions in this section apply in this Part.

Hague-Visby Rules

Hague-Visby Rules means the rules set out in Schedule 3 and embodied in the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, concluded at Brussels on August 25, 1924, in the Protocol concluded at Brussels on February 23, 1968, and in the additional Protocol concluded at Brussels on December 21, 1979. (règles de La Haye-Visby)

Hamburg Rules

Hamburg Rules means the rules set out in Schedule 4 and embodied in the United Nations Convention on the Carriage of Goods by Sea, 1978, concluded at Hamburg on March 31, 1978. (règles de Hambourg)

Marginal note:Other statutory limitations of liability

42 Nothing in this Part affects the operation of any other Part of this Act, or section 250 of the Canada Shipping Act, 2001, or a provision of any other Act or regulation that limits the liability of owners of ships.

Hague-Visby Rules

Marginal note:Effect

• 43 (1) The Hague-Visby Rules have the force of law in Canada in respect of contracts for the carriage of goods by water between different states as described in Article X of those Rules.

• Marginal note:Extended application

  (2) The Hague-Visby Rules also apply in respect of contracts for the carriage of goods by water from one place in Canada to another place in Canada, either directly or by way of a place outside Canada, unless there is no bill of lading and the contract stipulates that those Rules do not apply.

• Meaning of Contracting State

  (3) For the purposes of this section, the expression Contracting State in Article X of the Hague-Visby Rules includes Canada and any state that, without being a Contracting State, gives the force of law to the rules embodied in the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, concluded at Brussels on August 25, 1924 and in the Protocol concluded at Brussels on February 23, 1968, regardless of whether that state gives the force of law to the additional Protocol concluded at Brussels on December 21, 1979.

• Marginal note:Replacement by Hamburg Rules

  (4) The Hague-Visby Rules do not apply in respect of contracts entered into after the coming into force of section 45.

Hamburg Rules

Marginal note:Report to Parliament

44 The Minister shall, before January 1, 2005 and every five years afterwards, consider whether the Hague-Visby Rules should be replaced by the Hamburg Rules and cause a report setting out the results of that consideration to be laid before each House of Parliament.

45 [Repealed before coming into force, 2008, c. 20, s. 3]

Institution of Proceedings in Canada

Marginal note:Claims not subject to Hamburg Rules

• 46 (1) If a contract for the carriage of goods by water to which the Hamburg Rules do not apply provides for the adjudication or arbitration of claims arising under the contract in a place other than Canada, a claimant may institute judicial or arbitral proceedings in a court or arbitral tribunal in Canada that would be competent to determine the claim if the contract had referred the claim to Canada, where

  • (a) the actual port of loading or discharge, or the intended port of loading or discharge under the contract, is in Canada;

  • (b) the person against whom the claim is made resides or has a place of business, branch or agency in Canada; or

  • (c) the contract was made in Canada.

• Marginal note:Agreement to designate

  (2) Notwithstanding subsection (1), the parties to a contract referred to in that subsection may, after a claim arises under the contract, designate by agreement the place where the claimant may institute judicial or arbitral proceedings.

PART 6Liability and Compensation for Pollution

DIVISION 1International Conventions

Interpretation

Marginal note:Definitions

• 47 (1) The following definitions apply in this Division.

  Bunkers Convention

  Bunkers Convention means the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, concluded at London on March 23, 2001. (Convention sur les hydrocarbures de soute)

  Civil Liability Convention

  Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage, 1992, concluded at London on November 27, 1992, Article V of which was amended by the Resolution adopted by the Legal Committee of the International Maritime Organization on October 18, 2000. (Convention sur la responsabilité civile)

  discharge

  discharge, in relation to oil and bunker oil, means a discharge of oil or bunker oil that directly or indirectly results in the oil or bunker oil entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)

  Fund Convention

  Fund Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, concluded at London on November 27, 1992, Article 4 of which was amended by the Resolution adopted by the Legal Committee of the International Maritime Organization on October 18, 2000. (Convention sur le Fonds international)

  Hazardous and Noxious Substances Convention

  Hazardous and Noxious Substances Convention means the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010, concluded at London on April 30, 2010. (Convention sur les substances nocives et potentiellement dangereuses)

  HNS Fund

  HNS Fund means the International Hazardous and Noxious Substances Fund established by Article 13 of the Hazardous and Noxious Substances Convention. (Fonds SNPD)

  in bulk

  in bulk means in a hold or tank that is part of a ship’s structure, without any intermediate form of containment. (en vrac)

  International Fund

  International Fund means the International Oil Pollution Compensation Fund, 1992 established by Article 2 of the Fund Convention. (Fonds international)

  owner

  owner

  • (a) in relation to the Civil Liability Convention, has the same meaning as in Article I of that Convention;

  • (b) in relation to the Fund Convention, has the same meaning as in Article I of the Civil Liability Convention and as shipowner within the meaning of the Fund Convention;

  • (c) in relation to the Supplementary Fund Protocol, has the same meaning as in Article I of the Civil Liability Convention; and

  • (d) in relation to the Bunkers Convention, has the same meaning as the definition Shipowner in Article 1 of that Convention. (Version anglaise seulement)

  Supplementary Fund

  Supplementary Fund means the International Oil Pollution Compensation Supplementary Fund, 2003 established by Article 2 of the Supplementary Fund Protocol. (Fonds complémentaire)

  Supplementary Fund Protocol

  Supplementary Fund Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, concluded at London on May 16, 2003. (Protocole portant création d’un Fonds complémentaire)

• Marginal note:Words and expressions defined

  (2) For the purposes of this Division and unless otherwise provided, words and expressions used in this Division have the same meaning as in the following applicable conventions:

  • (a) Article I of the Civil Liability Convention;

  • (b) Article 1 of the Fund Convention;

  • (c) Article 1 of the Supplementary Fund Protocol;

  • (d) Article 1 of the Bunkers Convention; and

  • (e) Article 1 of the Hazardous and Noxious Substances Convention.

• Marginal note:Inconsistency

  (3) In the event of an inconsistency between this section and sections 48 to 74.4 and 79 to 90 and the Civil Liability Convention, the Fund Convention, the Supplementary Fund Protocol, the Bunkers Convention or the Hazardous and Noxious Substances Convention, those sections prevail to the extent of the inconsistency.

Civil Liability Convention

Marginal note:Force of law

48 Articles I to XI, XII bis and 15 of the Civil Liability Convention — that are set out in Schedule 5 — have the force of law in Canada.

Marginal note:Contracting State

• 49 (1) For the purposes of the application of the Civil Liability Convention, Canada is a Contracting State.

• Marginal note:Appropriate authority

  (2) For the purposes of the application of Article VII of that Convention, the Minister is the appropriate authority for Canada.

Marginal note:Schedule 5 — limits amendment

50 The Governor in Council may, by regulation, amend Schedule 5 to implement an amendment — to the limits of liability that are specified in paragraph 1 of Article V of the Civil Liability Convention — that is made in accordance with Article 15 of that Convention.

Marginal note:Liability for pollution and related costs

• 51 (1) The liability of the owner of a ship in relation to preventive measures, for the purposes of the Civil Liability Convention, also includes

  • (a) the costs and expenses incurred by the Minister of Fisheries and Oceans, a response organization within the meaning of section 165 of the Canada Shipping Act, 2001, any other person in Canada or any person in a state, other than Canada, that is a party to that Convention in respect of measures taken to prevent, repair, remedy or minimize pollution damage from the ship, including measures taken in anticipation of a discharge of oil from it, to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures; and

  • (b) in relation to oil, the costs and expenses incurred by

    • (i) the Minister of Fisheries and Oceans in respect of measures taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001, in respect of any monitoring under paragraph 180(1)(b) of that Act or in relation to any direction given under paragraph 180(1)(c) of that Act to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures, or

    • (ii) any other person in respect of the measures that they were directed to take or refrain from taking under paragraph 180(1)(c) of the Canada Shipping Act, 2001 to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures.

• Marginal note:Liability — grave and imminent threat of pollution damage

  (2) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(b), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.

Marginal note:Admiralty Court’s jurisdiction — limitation fund

• 52 (1) The Admiralty Court has exclusive jurisdiction with respect to any matter relating to the constitution and distribution of a limitation fund under the Civil Liability Convention.

• Marginal note:Right to assert limitation defence

  (2) When a claim is made or apprehended against a person in respect of liability that is limited under the Civil Liability Convention, that person may assert their right to a limitation of liability by constituting a fund as required under that Convention and filing a defence, or by way of action or counterclaim for declaratory relief, in the Admiralty Court.

• Marginal note:Stay of proceedings

  (3) When a fund is constituted in the Admiralty Court, any other court, where an action asserting limitation of liability under the Civil Liability Convention has been commenced, shall stay the proceedings and refer all claims under that Convention to the Admiralty Court.

Marginal note:Admiralty Court’s powers

• 53 (1) When a claim is made or apprehended against a person in respect of liability that is limited under the Civil Liability Convention, the Admiralty Court, on application by that person or any other interested person, may take any steps that it considers appropriate, including

  • (a) determining the amount of the liability and providing for the constitution and distribution of a fund under that Convention; and

  • (b) joining interested persons as parties to the proceedings, excluding any claimants who do not make a claim within the time limits set out in Article VIII of that Convention, requiring security from the person claiming limitation of liability or from any other interested person and requiring the payment of any costs.

• Marginal note:Admiralty Court may postpone distribution

  (2) In providing for the distribution of a fund under paragraph (1)(a) in relation to any liability, the Admiralty Court may, having regard to any claim that may subsequently be established before a court, tribunal or other authority outside Canada in respect of that liability, postpone the distribution of any part of the fund that it considers appropriate.

• Marginal note:Procedural matters

  (3) The Admiralty Court may

  • (a) make any rule of procedure that it considers appropriate with respect to proceedings before it under this section; and

  • (b) determine what form of guarantee it considers to be adequate for the purposes of paragraph 3 of Article V of the Civil Liability Convention.