Marine Liability Act

Version of section 52 from 2003-01-01 to 2010-01-01:


Marginal note:Admiralty Court has jurisdiction

  •  (1) Subject to section 59, all claims under this Part may be sued for and recovered in the Admiralty Court.

  • Marginal note:Jurisdiction may be exercised in rem

    (2) Subject to subsection (3), the jurisdiction conferred on the Admiralty Court by subsection (1) may be exercised in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court.

  • Marginal note:Exempt ships and cargoes

    (3) No action in rem may be commenced in Canada against

    • (a) a warship, coast guard ship or police vessel;

    • (b) a ship owned or operated by Canada or a province, or any cargo carried on such a ship, if the ship is engaged on government service; or

    • (c) a ship owned or operated by a state other than Canada, or any cargo carried on such a ship, with respect to a claim if, at the time the claim arose or the action is commenced, the ship was being used exclusively for non-commercial governmental purposes.

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