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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 2Liability Not Covered by Division 1 (continued)

Application (continued)

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

Marginal note:Pre-registration interest

 For the purpose of section 82, a foreign judgment includes any interest, up to the date of registration, that has accrued on it under the law of the state in which it was rendered.

  • 2001, c. 6, s. 83
  • 2009, c. 21, s. 11

Marginal note:Costs

 Reasonable costs incurred by the judgment creditor related to the registration of the foreign judgment, including the cost of obtaining an exemplification or certified copy of it from the foreign court, are recoverable in the same manner as if they were amounts payable under the foreign judgment, and the costs are to be taxed by an Admiralty Court’s assessment officer and the assessment endorsed on the order for registration.

  • 2001, c. 6, s. 84
  • 2009, c. 21, s. 11

Marginal note:Conversion to Canadian currency

  •  (1) A foreign judgment expressed in a currency other than Canadian currency may not be registered under section 82 until the Admiralty Court determines the equivalent amount in Canadian currency on the basis of the rate of exchange prevailing on the day on which the foreign judgment is rendered, as that rate is ascertained from any bank in Canada, and, for the purpose of making that determination, that Court may require the judgment creditor to provide any evidence of the applicable rate of exchange that that Court considers necessary.

  • Marginal note:Registered judgment to be in Canadian currency

    (2) When the equivalent amount in Canadian currency is determined, the Admiralty Court shall certify on the order for registration the amount so determined, and the foreign judgment, when registered, is deemed to be a judgment for payment of the amount so certified.

  • 2001, c. 6, s. 85
  • 2009, c. 21, s. 11

Marginal note:Effect of registration

 Subject to section 87, a foreign judgment registered under section 82 has, as of the date of registration, the same force and effect as a judgment of the Admiralty Court’s rendered on that date.

  • 2001, c. 6, s. 86
  • 2009, c. 21, s. 11

Marginal note:Service of notice of registration

 If a foreign judgment is registered under section 82 after an ex parte hearing, execution of the registered judgment may not issue until the expiry of 30 days after the day on which the judgment debtor is served with a notice of registration of the foreign judgment in the manner set out in the Admiralty Court’s rules for the service of originating documents.

  • 2001, c. 6, s. 87
  • 2009, c. 21, s. 11

Marginal note:Application to set aside registration

  •  (1) At any time after a foreign judgment is registered under section 82, the judgment debtor may apply to the Admiralty Court, in accordance with its rules, to have the registration of the judgment set aside on any of the grounds set out in subsection (2).

  • Marginal note:Grounds for setting aside registration

    (2) The Admiralty Court shall set aside the registration of the foreign judgment if it is satisfied that

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

    • (b) the foreign court acted without jurisdiction;

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

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

    • (e) the registration of the foreign judgment was obtained by fraud;

    • (f) an error was made in the conversion of the foreign judgment to Canadian currency under section 85;

    • (g) the registered judgment included interest on the foreign judgment to which the judgment creditor was not entitled; or

    • (h) for any other reason, it erred in regis-tering the foreign judgment.

  • Marginal note:Reduction of registered amount

    (3) If the Admiralty Court sets aside the registration of a foreign judgment on the ground that it has been partly satisfied, or on the ground referred to in paragraph (2)(f) or (g), it shall order the foreign judgment to be registered in the reduced amount.

  • 2001, c. 6, s. 88, c. 27, s. 273.1
  • 2009, c. 21, s. 11
 
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