Marine Liability Act

Marginal note:Force of law

• 37 (1) Articles 1 to 22 of the Convention have the force of law in Canada.

• Marginal note:Extended application

  (2) Articles 1 to 22 of the Convention also apply in respect of

  • (a) the carriage by water, under a contract of carriage, of passengers or of passengers and their luggage from one place in Canada to the same or another place in Canada, either directly or by way of a place outside Canada; and

  • (b) the carriage by water, otherwise than under a contract of carriage, of persons or of persons and their luggage, excluding

    • (i) 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 the ship,

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

    • (iii) 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, and

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