Marine Liability Act

Marginal note:Claims filed with Administrator

• 103 (1) In addition to any right against the Ship-source Oil Pollution Fund under section 101, a person may file a claim with the Administrator for the loss, damage, costs or expenses if the person has suffered loss or damage, or incurred costs or expenses, referred to in section 51, 71 or 77, Article III of the Civil Liability Convention or Article 3 of the Bunkers Convention in respect of any kind of loss, damage, costs or expenses arising out of actual or anticipated oil pollution damage, including economic loss caused by oil pollution suffered by persons whose property has not been polluted.

• Marginal note:Claims filed with Administrator — costs or expenses under subsection 101(1.1)

  (1.1) In addition to any right against the Ship-source Oil Pollution Fund under subsection 101(1.1), if the Minister of Fisheries and Oceans or any other person has suffered loss or damage, or incurred costs or expenses, referred to in that subsection, that Minister or that person may file a claim with the Administrator for the loss, damage, costs or expenses.

• Marginal note:Claims filed with Administrator — future losses

  (1.2) A claim arising out of oil pollution damage may be filed with the Administrator for

  • (a) future loss of profit or income and future costs or expenses for the mitigation of that loss by a person who expects to suffer loss or incur costs or expenses;

  • (b) future economic loss related to fishing, hunting, trapping or harvesting for personal or household use and future costs or expenses for the mitigation of that loss by an individual who expects to suffer loss or incur costs or expenses;

  • (c) future economic loss related to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 and future costs or expenses for the mitigation of that loss by a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds those rights if that group, community or people expects to suffer loss or incur costs or expenses; and

  • (d) costs or expenses for meeting the conditions imposed by the Administrator under subsection 105(1.2) by a person referred to in paragraph (a), an individual referred to in (b) or a council, government or other entity referred to in paragraph (c) who expects to incur those costs or expenses.

• Marginal note:Period covered by the claim

  (1.3) The claim filed under subsection (1.2) must specify the period covered by the claim, which, for greater certainty, may extend beyond the periods referred to in subsection (2) during which the claim must be filed.

• Marginal note:Limitation or prescription period

  (2) A claim referred to in any of subsections (1) to (1.2) must be made

  • (a) if oil pollution damage occurs, within two years after the day on which that damage occurs and five years after the incident that causes that damage; or

  • (b) if no oil pollution damage occurs, within five years after the incident in respect of which oil pollution damage is anticipated.

• Marginal note:Multiple occurrences

  (2.1) For the purposes of subsection (2), if an incident as a result of which oil pollution damage occurs or in respect of which oil pollution damage is anticipated consists of a series of occurrences, the period of five years referred to in that subsection begins on the day of the first occurrence in that series.

• Marginal note:Exception

  (3) Subsections (1) to (1.2) do not apply to a person in a state other than Canada and subsections (1) and (1.1) do not apply to a response organization referred to in paragraph 51(1)(a), 71(1)(a) or 77(1)(b).