Marine Liability Act

Version of section 28 from 2009-09-21 to 2020-09-09:


Marginal note:Passenger claims

  •  (1) The maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to passengers of a ship of less than 300 gross tonnage is the greater of

    • (a) 2 000 000 units of account, and

    • (b) 175 000 units of account multiplied by

      • (i) the number of passengers that the ship is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001, or

      • (ii) the number of passengers on board the ship, if no Canadian maritime document is required under that Act.

  • Marginal note:Claims — no contract of carriage

    (2) The maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to persons carried on board a ship of less than 300 gross tonnage otherwise than under a contract of passenger carriage is the greater of

    • (a) 2 000 000 units of account, and

    • (b) 175 000 units of account multiplied by

      • (i) the number of passengers that the ship is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001, or

      • (ii) the number of persons on board the ship, if no Canadian maritime document is required under that Act.

  • Marginal note:Exception

    (3) Subsection (2) does not apply in respect of

    • (a) the master of a ship, a member of a ship’s crew — or any other person employed or engaged in any capacity on the business of a ship — when they are carried on board the ship;

    • (b) a person carried on board a ship other than a ship operated for a commercial or public purpose;

    • (c) a person carried on board a ship in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented;

    • (c.1) a stowaway, a trespasser or any other person who boards a ship without the consent or knowledge of the master or the owner; or

    • (d) a person who is a member of a class of persons prescribed under paragraph 34.1(a).

  • 2001, c. 6, s. 28
  • 2009, c. 21, s. 3
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