Marine Liability Act

Version of section 47 from 2014-12-09 to 2020-05-17:


Marginal note:Definitions

  •  (1) The following definitions apply in this Division.

    Bunkers Convention

    Bunkers Convention means the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, concluded at London on March 23, 2001. (Convention sur les hydrocarbures de soute)

    Civil Liability Convention

    Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage, 1992, concluded at London on November 27, 1992, Article V of which was amended by the Resolution adopted by the Legal Committee of the International Maritime Organization on October 18, 2000. (Convention sur la responsabilité civile)

    discharge

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

    Fund Convention

    Fund Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, concluded at London on November 27, 1992, Article 4 of which was amended by the Resolution adopted by the Legal Committee of the International Maritime Organization on October 18, 2000. (Convention sur le Fonds international)

    Hazardous and Noxious Substances Convention

    Hazardous and Noxious Substances Convention means the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010, concluded at London on April 30, 2010. (Convention sur les substances nocives et potentiellement dangereuses)

    HNS Fund

    HNS Fund means the International Hazardous and Noxious Substances Fund established by Article 13 of the Hazardous and Noxious Substances Convention. (Fonds SNPD)

    in bulk

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

    International Fund

    International Fund means the International Oil Pollution Compensation Fund, 1992 established by Article 2 of the Fund Convention. (Fonds international)

    owner

    owner

    • (a) in relation to the Civil Liability Convention, has the same meaning as in Article I of that Convention;

    • (b) in relation to the Fund Convention, has the same meaning as in Article I of the Civil Liability Convention and as shipowner within the meaning of the Fund Convention;

    • (c) in relation to the Supplementary Fund Protocol, has the same meaning as in Article I of the Civil Liability Convention; and

    • (d) in relation to the Bunkers Convention, has the same meaning as the definition Shipowner in Article 1 of that Convention. (Version anglaise seulement)

    Supplementary Fund

    Supplementary Fund means the International Oil Pollution Compensation Supplementary Fund, 2003 established by Article 2 of the Supplementary Fund Protocol. (Fonds complémentaire)

    Supplementary Fund Protocol

    Supplementary Fund Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, concluded at London on May 16, 2003. (Protocole portant création d’un Fonds complémentaire)

  • Marginal note:Words and expressions defined

    (2) For the purposes of this Division and unless otherwise provided, words and expressions used in this Division have the same meaning as in the following applicable conventions:

    • (a) Article I of the Civil Liability Convention;

    • (b) Article 1 of the Fund Convention;

    • (c) Article 1 of the Supplementary Fund Protocol;

    • (d) Article 1 of the Bunkers Convention; and

    • (e) Article 1 of the Hazardous and Noxious Substances Convention.

  • Marginal note:Inconsistency

    (3) In the event of an inconsistency between this section and sections 48 to 74.4 and 79 to 90 and the Civil Liability Convention, the Fund Convention, the Supplementary Fund Protocol, the Bunkers Convention or the Hazardous and Noxious Substances Convention, those sections prevail to the extent of the inconsistency.

  • 2001, c. 6, s. 47
  • 2009, c. 21, s. 11
  • 2014, c. 29, s. 29
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