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

Full Document:  

Act current to 2021-09-11 and last amended on 2021-04-01. Previous Versions

PART 6Liability and Compensation for Pollution (continued)

DIVISION 2Liability Not Covered by Division 1 (continued)

Application

Marginal note:Geographical application

 This Division applies in respect of actual or anticipated pollution damage, except for pollution damage covered by Division 1, irrespective of the location of the actual or anticipated discharge of the pollutant and irrespective of the location where any preventive measures are taken,

  • (a) on Canada’s territory or in Canadian waters; or

  • (b) in Canada’s exclusive economic zone.

  • 2001, c. 6, s. 76
  • 2009, c. 21, s. 11

Marginal note:Liability for pollution and related costs

  •  (1) The owner of a ship is liable

    • (a) for oil pollution damage from the ship;

    • (b) for 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 or any other person in Canada in respect of measures taken to prevent, repair, remedy or minimize oil 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

    • (c) in relation to pollutants, for 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

    (1.1) 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)(c), 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:Words and expressions defined

    (1.2) For the purposes of subsection (1.1), words and expressions used in that subsection have the same meaning as in the Civil Liability Convention, as defined in subsection 47(1).

  • Marginal note:Liability for environmental damage

    (2) If oil pollution damage from a ship results in impairment to the environment, the owner of the ship is liable for the costs of reasonable measures of reinstatement undertaken or to be undertaken.

  • Marginal note:Strict liability subject to certain defences

    (3) The owner’s liability under subsections (1) and (2) does not depend on proof of fault or negligence, but the owner is not liable under those subsections if they establish that the occurrence

    • (a) resulted from an act of war, hostilities, civil war or insurrection or from a natural phenomenon of an exceptional, inevitable and irresistible character;

    • (b) was wholly caused by an act or omission of a third party with intent to cause damage; or

    • (c) was wholly caused by the negligence or other wrongful act of any government or other authority that is responsible for the maintenance of lights or other navigational aids, in the exercise of that function.

  • Marginal note:Owner’s rights against third parties

    (4) Nothing in this Division shall be construed as limiting or restricting any right of recourse that the owner of a ship who is liable under subsection (1) may have against another person.

  • Marginal note:Owner’s own claim for costs and expenses

    (5) The costs and expenses incurred by the owner of a ship in respect of measures voluntarily taken by them to prevent, repair, remedy or minimize oil 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, rank equally with other claims against any security given by that owner in respect of their liability under this section.

  • Marginal note:Limitation period

    (6) No action lies in respect of a matter referred to in subsection (1) unless it is commenced

    • (a) if pollution damage occurs, within the earlier of

      • (i) three years after the day on which the pollution damage occurs, and

      • (ii) six years after the occurrence that causes the pollution damage or, if the pollution damage is caused by more than one occurrence having the same origin, six years after the first of the occurrences; or

    • (b) if no pollution damage occurs, within six years after the occurrence.

  • 2001, c. 6, s. 77
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 715

Marginal note:Application of Part 3

 Part 3 applies to any claim referred to in section 77.

  • 2001, c. 6, s. 78
  • 2009, c. 21, s. 11

DIVISION 3General Provisions

Admiralty Court

Marginal note:Jurisdiction

  •  (1) The Admiralty Court has jurisdiction with respect to claims for compensation brought in Canada under any convention under Division 1 and claims for compensation under Division 2.

  • Marginal note:Jurisdiction may be exercised in rem

    (2) The jurisdiction conferred on the Admiralty Court may be exercised in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court.

  • Marginal note:Exempt ships and cargoes

    (3) No action in rem may be commenced in Canada against

    • (a) a warship, coast guard ship or police vessel;

    • (b) a ship owned or operated by Canada or a province, or any cargo carried on such a ship, if the ship is engaged on government service; or

    • (c) a ship owned or operated by a state, other than Canada, or any cargo carried on such a ship, with respect to a claim if, at the time the claim arises or the action is commenced, the ship is being used exclusively for non-commercial governmental purposes.

  • 2001, c. 6, s. 79
  • 2009, c. 21, s. 11

Registration of Foreign Judgments

Marginal note:Definitions

 The following definitions apply in this section and in sections 81 to 89.

foreign judgment

foreign judgment means a judgment — of a court of a state, other than Canada, that is a party to one of the following conventions or the protocol — rendered under the

  • (a) Civil Liability Convention within the meaning of subsection 47(1);

  • (b) Fund Convention within the meaning of subsection 47(1);

  • (c) Supplementary Fund Protocol within the meaning of subsection 47(1);

  • (d) Bunkers Convention within the meaning of subsection 47(1). (jugement étranger)

judgment creditor

judgment creditor means a person in whose favour a foreign judgment is rendered, and includes the person’s assigns, successors, heirs, executors, liquidators of the succession, administrators and legal representatives. (bénéficiaire)

judgment debtor

judgment debtor means a person against whom a foreign judgment is rendered, and includes a person against whom the foreign judgment is enforceable under the law of the state in which it is rendered. (débiteur)

  • 2001, c. 6, s. 80
  • 2009, c. 21, s. 11

Marginal note:Application

 Sections 82 to 89 apply to a foreign judgment resulting from an occurrence that takes place after the convention or protocol under which the judgment is rendered comes into force in Canada.

  • 2001, c. 6, s. 81
  • 2009, c. 21, s. 11

Marginal note:Registration of foreign judgment

  •  (1) If a foreign judgment is rendered, the judgment creditor may, at any time during which it is enforceable under the law of the state in which it is rendered, apply to the Admiralty Court in accordance with its rules to have the foreign judgment registered in that Court.

  • Marginal note:Court may register foreign judgment

    (2) The Admiralty Court may, subject to subsections (3) and (4) and section 85, order the registration of the foreign judgment if it is satisfied

    • (a) that a case for registration has been made; and

    • (b) that the foreign judgment is not under appeal and is no longer subject to appeal under the law of the state in which it was rendered.

  • Marginal note:If judgment debtor appears

    (3) If, in accordance with the Admiralty Court’s rules, the judgment debtor appears at the hearing of the application for registration, that Court may not order the registration of the foreign judgment if it is satisfied that

    • (a) the foreign judgment has been fully satisfied;

    • (b) the foreign court acted without jurisdiction;

    • (c) the foreign judgment was obtained by fraud; or

    • (d) the defendant in the foreign action was not given reasonable notice and a fair opportunity to present their case.

  • Marginal note:If judgment partly satisfied

    (4) If the Admiralty Court is satisfied that the foreign judgment has been partly satisfied, it shall order the foreign judgment to be registered only in respect of the balance remaining payable.

  • 2001, c. 6, s. 82
  • 2009, c. 21, s. 11
 
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