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

Definition of foreign vessel

• 139 (1) In this section, foreign vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001.

• Marginal note:Maritime lien

  (2) A person, carrying on business in Canada, has a maritime lien against a foreign vessel for claims that arise

  • (a) in respect of goods, materials or services wherever supplied to the foreign vessel for its operation or maintenance, including, without restricting the generality of the foregoing, stevedoring and lighterage; or

  • (b) out of a contract relating to the repair or equipping of the foreign vessel.

• Marginal note:Services requested by owner

  (2.1) Subject to section 251 of the Canada Shipping Act, 2001, for the purposes of paragraph (2)(a), with respect to stevedoring or lighterage, the services must have been provided at the request of the owner of the foreign vessel or a person acting on the owner’s behalf.

• Marginal note:Exception

  (3) A maritime lien against a foreign vessel may be enforced by an action in rem against a foreign vessel unless

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

  • (b) at the time the claim arises or the action is commenced, the vessel is being used exclusively for non-commercial governmental purposes.

• Marginal note:Federal Courts Act

  (4) Subsection 43(3) of the Federal Courts Act does not apply to a claim secured by a maritime lien under this section.