Marine Liability Act

Version of section 47 from 2003-01-01 to 2010-01-01:


Marginal note:Definitions

 The definitions in this section apply in this Part.

Administrator

administrateur

Administrator means the Administrator of the Ship-source Oil Pollution Fund appointed under section 79. (administrateur)

Civil Liability Convention

Convention sur la responsabilité civile

Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage, concluded at Brussels on November 29, 1969, as amended by the Protocol concluded at London on November 19, 1976 and the Protocol concluded at London on November 27, 1992. (Convention sur la responsabilité civile)

Convention ship

navire assujetti à la Convention

Convention ship means a seagoing ship, wherever registered,

  • (a) carrying, in bulk as cargo, crude oil, fuel oil, heavy diesel oil, lubricating oil or any other persistent hydrocarbon mineral oil; or

  • (b) on a voyage following any such carriage of such oil, unless it is proved that there is no residue of the oil on board. (navire assujetti à la Convention)

discharge

rejet

discharge, in relation to a pollutant, means any discharge of the pollutant that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)

Fund Convention

Convention sur le Fonds international

Fund Convention means the International Convention on the Establishment of the International Fund for Compensation for Oil Pollution Damage, concluded at Brussels on December 18, 1971, as amended by the Protocol concluded at London on November 19, 1976 and the Protocol concluded at London on November 27, 1992. (Convention sur le Fonds international)

guarantor

garant

guarantor means a guarantor under a contract of liability insurance or other similar security relating to a shipowner’s liability under section 51. (garant)

in bulk

en vrac

in bulk means in a hold or tank that is part of the structure of a ship, without any intermediate form of containment. (en vrac)

International Fund

Fonds international

International Fund means the International Oil Pollution Compensation Fund established by the Fund Convention. (Fonds international)

Limitation of Liability Convention

Convention sur la limitation de responsabilité

Limitation of Liability Convention has the meaning ascribed to the word “Convention” in section 24. (Convention sur la limitation de responsabilité)

oil

hydrocarbures

oil, except in sections 93 to 99, means oil of any kind or in any form and includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil. (hydrocarbures)

oil pollution damage

dommages dus à la pollution par les hydrocarbures

oil pollution damage, in relation to any ship, means loss or damage outside the ship caused by contamination resulting from the discharge of oil from the ship. (dommages dus à la pollution par les hydrocarbures)

owner

propriétaire

owner means

  • (a) in relation to a Convention ship, the person who is registered as the owner of the ship or, if no person is so registered,

    • (i) the person who owns the ship, or

    • (ii) if the ship is owned by a state and operated by a company that is registered as the ship’s operator in that state, that company; or

  • (b) in relation to any other ship, the person who has for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use. (propriétaire)

pollutant

polluant

pollutant means

  • (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or plant that is useful to humans; and

  • (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or plant that is useful to humans,

and includes oil and any substance or class of substances identified by the regulations as a pollutant for the purposes of this Part. (polluant)

pollution damage

dommages dus à la pollution

pollution damage, in relation to any ship, means loss or damage outside the ship caused by contamination resulting from the discharge of a pollutant from the ship. (dommages dus à la pollution)

ship

navire

ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includes

  • (a) a ship in the process of construction from the time that it is capable of floating; and

  • (b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up. (navire)

Ship-source Oil Pollution Fund

Caisse d’indemnisation

Ship-source Oil Pollution Fund means the Ship-source Oil Pollution Fund established by section 77. (Caisse d’indemnisation)

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