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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 (continued)

DIVISION 1International Conventions (continued)

Supplementary Fund Protocol

Marginal note:Force of law

 Articles 1 to 15, 18, 20, 24, 25 and 29 of the Supplementary Fund Protocol — that are set out in Schedule 7 — have the force of law in Canada.

  • 2001, c. 6, s. 63
  • 2009, c. 21, s. 11

Marginal note:Contracting State

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

  • 2001, c. 6, s. 64
  • 2009, c. 21, s. 11

Marginal note:Schedule 7 — limits amendment

 The Governor in Council may, by regulation, amend Schedule 7 to implement an amendment — to the limits of liability that are in Article 4 of the Supplementary Fund Protocol — that is made in accordance with Article 24 of that Protocol.

  • 2001, c. 6, s. 65
  • 2009, c. 21, s. 11

Meaning of associated persons

 For the purposes of the application of the Supplementary Fund Protocol, 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 the Fund Convention.

  • 2001, c. 6, s. 66
  • 2009, c. 21, s. 11

Marginal note:Legal capacity of Supplementary Fund

 For the purposes of the rights and obligations referred to in section 68, the Supplementary Fund has the capacity, rights and obligations of a natural person, and the Director of the Supplementary Fund is its legal representative.

  • 2001, c. 6, s. 67
  • 2009, c. 21, s. 11

Marginal note:Supplementary 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 Supplementary Fund and that Fund is then a party to the proceedings; and

    • (b) the Supplementary 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 Supplementary Fund

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

  • 2001, c. 6, s. 68
  • 2009, c. 21, s. 11

Bunkers Convention

Marginal note:Force of law

 Articles 1 to 10 of the Bunkers Convention — that are set out in Schedule 8 — have the force of law in Canada.

  • 2001, c. 6, s. 69
  • 2009, c. 21, s. 11

Marginal note:State Party

  •  (1) For the purposes of the application of the Bunkers Convention, Canada is a State Party.

  • Marginal note:Appropriate authority

    (2) For the purposes of the application of Article 7 of the Bunkers Convention, the Minister is the appropriate authority for Canada.

  • 2001, c. 6, s. 70
  • 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 Bunkers 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 bunker 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 bunker 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. 71
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 714

Marginal note:Application of Part 3

 Part 3 applies to claims arising under the Bunkers Convention.

  • 2001, c. 6, s. 72
  • 2009, c. 21, s. 11

Marginal note:Absence of certificate

  •  (1) Unless a ship carries a certificate described in Article 7 of the Bunkers Convention issued in accordance with subsection 74(1), showing that a contract of insurance or other security satisfying the requirements of that Article is in force in respect of a ship having 1 000 gross tonnage or more, 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. 73
  • 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 Bunkers 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 Bunkers Convention, if the ship is registered in a state, other than Canada, that is not a party to that Convention.

  • Marginal note:Designation by Minister

    (2) The Minister may designate a person to issue, refuse or revoke a certificate on the Minister’s behalf.

  • Marginal note:Issuance of certificate by Minister

    (3) 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 Bunkers 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 7 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

    (4) 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 73(1), or that the contract of insurance or other security will not cover the owner’s liability under the Bunkers Convention, the Minister may refuse to issue the certificate.

  • Marginal note:When Minister may revoke certificate

    (5) 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 73(1), or that the contract of insurance or other security no longer covers the owner’s liability under the Bunkers Convention, the Minister may revoke the certificate issued by him or her.

  • 2001, c. 6, s. 74
  • 2009, c. 21, s. 11
 
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