Marine Liability Act

Version of section 61 from 2003-01-01 to 2010-01-01:


Marginal note:By whom certificate to be issued

  •  (1) The certificate referred to in subsection 60(1)

    • (a) must be a certificate issued by the Minister, if the Convention ship is registered in Canada;

    • (b) must be a certificate issued by or under the authority of the government of the state of registration, if the Convention ship is registered in a state other than Canada that is a party to the Civil Liability Convention; or

    • (c) must be a certificate issued or recognized by the Minister, if the Convention ship is registered in a state other than Canada that is not a party to the Civil Liability Convention.

  • Marginal note:Issuance of certificate by Minister

    (2) On an application to the Minister for a certificate referred to in subsection 60(1) in respect of a Convention ship registered in Canada or registered in a state other than Canada that is not a party to the Civil Liability Convention, the Minister shall, subject to subsection (3), issue such a certificate to the owner of the ship if the Minister is satisfied that a contract of insurance or other security satisfying the requirements of Article VII of the Civil Liability Convention will be in force in respect of the ship throughout the period for which the certificate is issued.

  • Marginal note:When Minister may refuse certificate

    (3) If the Minister believes that the guarantor will be unable to meet the guarantor’s obligations under the contract of insurance or other security referred to in subsection 60(1), or that the insurance or other security will not cover the owner’s liability under section 51, the Minister may refuse to issue the certificate referred to in subsection 60(1).

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