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

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Act current to 2019-05-22 and last amended on 2018-12-13. Previous Versions

PART 4Liability for Carriage of Passengers by Water (continued)

Application

Marginal note:Force of law

  •  (1) Articles 1 to 22 of the Convention have the force of law in Canada.

  • Marginal note:Extended application

    (2) Articles 1 to 22 of the Convention also apply in respect of

    • (a) the carriage by water, under a contract of carriage, of passengers or of passengers and their luggage from one place in Canada to the same or another place in Canada, either directly or by way of a place outside Canada; and

    • (b) the carriage by water, otherwise than under a contract of carriage, of persons or of persons and their luggage, excluding

      • (i) the master of a ship, a member of a ship’s crew or any other person employed or engaged in any capacity on board a ship on the business of the ship,

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

      • (iii) 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, and

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

  • 2001, c. 6, s. 37
  • 2009, c. 21, s. 8

Marginal note:Exception — adventure tourism activities

  •  (1) This Part does not apply to an adventure tourism activity that meets the following conditions:

    • (a) it exposes participants to an aquatic environment;

    • (b) it normally requires safety equipment and procedures beyond those normally used in the carriage of passengers;

    • (c) participants are exposed to greater risks than passengers are normally exposed to in the carriage of passengers;

    • (d) its risks have been presented to the participants and they have accepted in writing to be exposed to them; and

    • (e) any condition prescribed under paragraph 39(c).

  • Marginal note:Exception — persons

    (2) This Part does not apply to the carriage of a sail trainee or a person who is a member of a class of persons prescribed under paragraph 39(d).

  • 2009, c. 21, s. 9

Marginal note:State Party to the Convention

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

Regulations and Orders

Marginal note:Governor in Council

 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.

  • 2001, c. 6, s. 39
  • 2009, c. 21, s. 10

Marginal note:Amendment of limits

 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.

  • 2001, c. 6, s. 40
  • 2009, c. 21, s. 10

PART 5Liability for Carriage of Goods by Water

Interpretation

Marginal note:Definitions

 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

 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.

  • 2001, c. 6, s. 42, c. 26, s. 324

Hague-Visby Rules

Marginal note:Effect

  •  (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

 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.

The following provision is not in force.

Marginal note:Effect

  •  (1) The Hamburg 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 2 of those Rules.

  • Marginal note:Extended application

    (2) The Hamburg 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 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 2 of the Hamburg Rules includes Canada and any state that gives the force of law to those Rules without being a Contracting State to the United Nations Convention on the Carriage of Goods by Sea, 1978.

  • Marginal note:References to “sea”

    (4) For the purposes of this section, the word “sea” in the Hamburg Rules shall be read as “water”.

  • Marginal note:Signatures

    (5) For the purposes of this section, paragraph 3 of article 14 of the Hamburg Rules applies in respect of the documents referred to in article 18 of those Rules.

Institution of Proceedings in Canada

Marginal note:Claims not subject to Hamburg Rules

  •  (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.

 
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