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

Full Document:  

Act current to 2019-11-19 and last amended on 2018-12-13. Previous Versions

PART 6Liability and Compensation for Pollution

DIVISION 1International Conventions

Interpretation

Marginal note:Definitions

  •  (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.

  • 2001, c. 6, s. 47
  • 2009, c. 21, s. 11
  • 2014, c. 29, s. 29

Civil Liability Convention

Marginal note:Force of law

 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.

  • 2001, c. 6, s. 48
  • 2009, c. 21, s. 11

Marginal note:Contracting State

  •  (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.

  • 2001, c. 6, s. 49
  • 2009, c. 21, s. 11

Marginal note:Schedule 5 — limits amendment

 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.

  • 2001, c. 6, s. 50
  • 2009, c. 21, s. 11

Marginal note:Liability for pollution and related costs

  •  (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.

  • 2001, c. 6, s. 51, c. 26, s. 324
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 713

Marginal note:Admiralty Court’s jurisdiction — limitation fund

  •  (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.

  • 2001, c. 6, s. 52
  • 2009, c. 21, s. 11
 
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