Marine Liability Act

Version of section 57 from 2003-01-01 to 2010-01-01:


Marginal note:Remedies exclusive

  •  (1) The owner of a Convention ship is not liable for the matters referred to in subsection 51(1) otherwise than as provided by this Part.

  • Marginal note:Servants, etc., not liable

    (2) Subject to subsection 51(4), none of the following persons is liable for the matters referred to in subsection 51(1) unless the actual or anticipated oil pollution damage resulted from a personal act or omission of theirs that was committed with intent to cause the damage or was committed recklessly and with knowledge that the damage would probably result:

    • (a) a servant or an agent of the owner of a Convention ship or one of its crew members;

    • (b) the pilot of a Convention ship or any other person who, without being a member of the crew, performs services for the Convention ship;

    • (c) a charterer, a manager or an operator of a Convention ship;

    • (d) any person using a Convention ship to perform salvage operations with the consent of the owner or on the instructions of a competent public authority;

    • (e) a person taking measures to prevent oil pollution damage from a Convention ship; or

    • (f) a servant or an agent of a person referred to in any of paragraphs (c) to (e).

  • Marginal note:Owners jointly and severally liable

    (3) If two or more owners of Convention ships are liable for costs, expenses, loss or damage referred to in subsection 51(1), the owners of all those ships are jointly and severally liable, to the extent that the costs, expenses, loss or damage are not reasonably separable.

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