Marine Liability Act

Marginal note:Liability for pollution and related costs

• 51 (1) Subject to the other provisions of this Part, the owner of a ship is liable

  • (a) for oil pollution damage from the ship;

  • (b) for costs and expenses incurred by

    • (i) the Minister of Fisheries and Oceans,

    • (ii) a response organization within the meaning of section 165 of the Canada Shipping Act, 2001,

    • (iii) any other person in Canada, or

    • (iv) any person in a state, other than Canada, that is a party to the Civil Liability Convention,

    in respect of measures taken to prevent, repair, remedy or minimize oil pollution damage from the ship, including measures taken in anticipation of a discharge of oil from the ship, to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures; and

  • (c) for costs and expenses incurred

    • (i) by the Minister of Fisheries and Oceans in respect of measures taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001, in respect of any monitoring under paragraph 180(1)(b) of that Act or in relation to any direction given under paragraph 180(1)(c) of that Act, or

    • (ii) by any other person in respect of measures the person was directed to take or refrain from taking under paragraph 180(1)(c) of the Canada Shipping Act, 2001,

    to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures.

• Marginal note:Liability for environmental damage

  (2) If oil pollution damage from a ship results in impairment to the environment, the owner of the ship is liable for the costs of reasonable measures of reinstatement actually undertaken or to be undertaken.

• Marginal note:Strict liability subject to certain defences

  (3) The owner’s liability under subsection (1) does not depend on proof of fault or negligence, but the owner is not liable under that subsection if the owner establishes that the occurrence

  • (a) resulted from an act of war, hostilities, civil war or insurrection or from a natural phenomenon of an exceptional, inevitable and irresistible character;

  • (b) was wholly caused by an act or omission of a third party with intent to cause damage; or

  • (c) was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids, in the exercise of that function.

• Marginal note:Owner’s rights against third parties

  (4) Nothing in this Part shall be construed as limiting or restricting any right of recourse that the owner of a ship who is liable under subsection (1) may have against another person.

• Marginal note:Owner’s own claim for costs and expenses

  (5) Costs and expenses incurred by the owner of a ship in respect of measures voluntarily taken by the owner to prevent, repair, remedy or minimize oil pollution damage from the ship, including measures taken in anticipation of a discharge of oil from the ship, to the extent that the measures taken and the costs and expenses are reasonable, rank equally with other claims against any security given by that owner in respect of the owner’s liability under this section.

• Marginal note:Limitation period

  (6) No action lies in respect of a matter referred to in subsection (1) unless it is commenced

  • (a) if pollution damage occurred, before the earlier of

    • (i) three years after the day on which the pollution damage occurred, and

    • (ii) six years after the occurrence that caused the pollution damage or, if the pollution damage was caused by more than one occurrence having the same origin, six years after the first of the occurrences; or

  • (b) if no pollution damage occurred, within six years after the occurrence.