Marine Liability Act

Version of section 29 from 2007-07-01 to 2009-09-20:


Marginal note:Passenger claims, no Canadian maritime document

  •  (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 for which no Canadian maritime document is required under Part 4 of the Canada Shipping Act, 2001 is the greater of

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

    • (b) the number of units of account calculated by multiplying 175,000 units of account by the number of passengers on board the ship.

  • Marginal note:Passenger claims, no contract of carriage

    (2) Notwithstanding Article 6 of the Convention, the maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to persons carried on a ship 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 its certificate under Part 4 of the Canada Shipping Act, 2001, or

      • (ii) if no certificate is required under that Part, the number of persons on board the ship.

  • 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 board a ship on the business of a ship; or

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

  • Marginal note:Definition of “passenger”

    (4) In subsection (1), passenger means a person carried on a ship in circumstances described in paragraph 2(a) or (b) of Article 7 of the Convention.

  • Marginal note:Definition of “unit of account”

    (5) In subsections (1) and (2), unit of account means a special drawing right issued by the International Monetary Fund.

  • 2001, c. 6, s. 29, c. 26, s. 324
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