Marine Liability Act

Version of section 84 from 2003-01-01 to 2010-01-01:


Marginal note:Liability of Ship-source Oil Pollution Fund

 Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable for the matters referred to in subsection 51(1) in relation to oil, if

  • (a) all reasonable steps have been taken to recover payment of compensation from the owner of the ship and, in the case of a Convention ship, from the International Fund and have been unsuccessful;

  • (b) the owner is not liable by reason of any of the defences described in subsection 51(3) and the International Fund is not liable either;

  • (c) the claim exceeds

    • (i) in the case of a Convention ship, the owner’s maximum liability under this Part to the extent that the excess is not recoverable from the International Fund, and

    • (ii) in the case of a ship other than a Convention ship, the owner’s maximum liability under Part 3;

  • (d) the owner is financially incapable of meeting the owner’s legal obligations under subsection 51(1), to the extent that the obligation is not recoverable from the International Fund;

  • (e) the cause of the oil pollution damage is unknown and the Administrator has been unable to establish that the occurrence that gave rise to the damage was not caused by a ship; or

  • (f) the Administrator is a party to a settlement under section 90.

Date modified: