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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 6Liability and Compensation for Pollution (continued)

DIVISION 1International Conventions (continued)

Civil Liability Convention (continued)

Marginal note:Admiralty Court’s powers

  •  (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.

  • 2001, c. 6, s. 53
  • 2009, c. 21, s. 11

Marginal note:Public notice

  •  (1) The person constituting the fund shall, as soon as feasible, give notice of the fund’s constitution in the Canada Gazette and in a newspaper in general circulation in the region where the incident occurs.

  • Marginal note:Proof of notice

    (2) Within 30 days after the fund’s constitution, the person constituting it shall file the public notices in the Admiralty Court.

  • Marginal note:Court order in case of non-compliance

    (3) The Admiralty Court may issue any order that it deems appropriate to remedy the failure of the person to give any of the required public notices or the inadequacy of a notice.

  • 2001, c. 6, s. 54
  • SOR/2003-353
  • 2009, c. 21, s. 11
  • 2014, c. 29, s. 30(F)

Marginal note:Absence of certificate

  •  (1) Unless a ship carries a certificate described in Article VII of the Civil Liability Convention issued in accordance with subsection 56(1), showing that a contract of insurance or other security satisfying the requirements of that Article is in force in respect of a ship carrying, in bulk as cargo, more than 2 000 metric tons of oil, the ship must not

    • (a) enter or leave a port in Canadian waters or in Canada’s exclusive economic zone or arrive at or leave an offshore terminal in Canadian waters or in Canada’s exclusive economic zone; or

    • (b) if the ship is registered in Canada, enter or leave a port in any other state, whether or not the state is a party to that Convention, or arrive at or leave an offshore terminal

      • (i) in the territorial sea or internal waters of any such state, or

      • (ii) in the exclusive economic zone of any such state or, if the state has not established an exclusive economic zone, in an area beyond and adjacent to the territorial sea of the state, and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.

  • Marginal note:Certificate to be produced on request

    (2) The master, a crew member or any person on board who is, or appears to be, in charge of the ship shall produce the certificate and give details of it at the request of any authorized officer of the Government of Canada.

  • 2001, c. 6, s. 55
  • 2009, c. 21, s. 11

Marginal note:By whom certificate to be issued

  •  (1) The certificate shall be issued

    • (a) by the Minister, if the ship is registered in Canada;

    • (b) by or under the authority of the government of the state of registration, if the ship is registered in a state, other than Canada, that is a party to the Civil Liability Convention; or

    • (c) by the Minister or by or under the authority of the government of a state, other than Canada, that is a party to the Civil Liability Convention, if the ship is registered in a state, other than Canada, that is not a party to that Convention.

  • Marginal note:Issuance of certificate by Minister

    (2) On an application to the Minister for a certificate in respect of a ship registered in Canada or registered in a state, other than Canada, that is not a party to the Civil Liability Convention, the Minister shall issue the certificate to the owner of the ship, if he or she is satisfied that a contract of insurance or other security satisfying the requirements of Article VII of that Convention will be in force in respect of the ship throughout the period for which the certificate is issued.

  • Marginal note:When Minister may refuse certificate

    (3) If the Minister believes that the guarantor will be unable to meet the guarantor’s obligations under the contract of insurance or other security referred to in subsection 55(1), or that the contract of insurance or other security will not cover the owner’s liability under the Civil Liability Convention, the Minister may refuse to issue the certificate.

  • Marginal note:When Minister may revoke certificate

    (4) If the Minister believes that the guarantor is no longer able to meet the guarantor’s obligations under the contract of insurance or other security referred to in subsection 55(1), or that the contract of insurance or other security no longer covers the owner’s liability under the Civil Liability Convention, the Minister may revoke the certificate issued by him or her.

  • 2001, c. 6, s. 56
  • 2009, c. 21, s. 11

Fund Convention

Marginal note:Force of law

 Articles 1 to 4, 6 to 10, 12 to 15, 36 ter, 29, 33 and 37 of the Fund Convention — that are set out in Schedule 6 — have the force of law in Canada.

  • 2001, c. 6, s. 57
  • 2009, c. 21, s. 11

Marginal note:Contracting State

 For the purposes of the application of the Fund Convention, Canada is a Contracting State.

  • 2001, c. 6, s. 58
  • 2009, c. 21, s. 11

Marginal note:Schedule 6 — limits amendment

 The Governor in Council may, by regulation, amend Schedule 6 to implement an amendment — to the limits of liability that are specified in paragraph 4 of Article 4 of the Fund Convention — that is made in accordance with Article 33 of that Convention.

  • 2001, c. 6, s. 59
  • 2009, c. 21, s. 11

Meaning of associated persons

 For the purposes of the application of the Fund Convention, if two bodies are affiliated with each other within the meaning of section 2 of the Canada Business Corporations Act, they are deemed to be associated persons within the meaning of Associated person in paragraph 2(b) of Article 10 of that Convention.

  • 2001, c. 6, s. 60
  • 2009, c. 21, s. 11

Marginal note:Legal capacity of International Fund

 For the purposes of the rights and obligations referred to in section 62, the International Fund has the capacity, rights and obligations of a natural person, and the Director of the International Fund is its legal representative.

  • 2001, c. 6, s. 61
  • 2009, c. 21, s. 11

Marginal note:International Fund to be party to legal proceedings

  •  (1) If a claimant commences an action against the owner of a ship or the owner’s guarantor in respect of a matter referred to in section 51 or Article III of the Civil Liability Convention,

    • (a) the document commencing the proceedings shall be served on the International Fund and that Fund is then a party to the proceedings; and

    • (b) the International Fund may appear and take any action that its Director considers appropriate for the proper administration of that Fund.

  • Marginal note:Method of service on International Fund

    (2) In addition to any method of service permitted by the rules of the court in which a proceeding is commenced, service of documents on the International Fund under paragraph (1)(a) may be effected by registered mail.

  • 2001, c. 6, s. 62
  • 2009, c. 21, s. 11
 
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