Marine Liability Act

Version of section 48 from 2003-01-01 to 2010-01-01:


Marginal note:Geographical application — general

  •  (1) For ships other than Convention ships, this Part applies in respect of actual or anticipated pollution damage, irrespective of the location of the actual or anticipated discharge of the pollutant and irrespective of the location where any preventive measures are taken,

    • (a) on the territory of Canada or in Canadian waters; or

    • (b) in the exclusive economic zone of Canada.

  • Marginal note:Geographical application — Convention ships

    (2) For Convention ships, this Part applies, subject to subsection (3), in respect of actual or anticipated oil pollution damage, irrespective of the location of the actual or anticipated discharge of the oil and irrespective of the location where any preventive measures are taken,

    • (a) on the territory of Canada or in Canadian waters;

    • (b) in the exclusive economic zone of Canada;

    • (c) on the territory or in the territorial sea or internal waters of a state other than Canada that is a party to the Civil Liability Convention; or

    • (d) in the exclusive economic zone of a state referred to in paragraph (c) or, if the state has not established an exclusive economic zone, in an area beyond and adjacent to the territorial sea of that state and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.

  • Marginal note:Exception

    (3) Sections 84 and 85 do not apply in respect of actual or anticipated oil pollution damage in an area described in paragraph (2)(c) or (d).

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