Marine Liability Act

Version of section 85 from 2003-01-01 to 2010-01-01:


Marginal note:Claims filed with Administrator

  •  (1) In addition to any right against the Ship-source Oil Pollution Fund under section 84, a person who has suffered loss or damage or incurred costs or expenses referred to in subsection 51(1) in respect of actual or anticipated oil pollution damage may file a claim with the Administrator for the loss, damage, costs or expenses.

  • Marginal note:Time limits

    (2) Unless the Admiralty Court fixes a shorter period under paragraph 92(a), a claim under subsection (1) must be made

    • (a) within two years after the day on which oil pollution damage occurred and five years after the occurrence that caused that damage, or

    • (b) if no oil pollution damage occurred, within five years after the occurrence in respect of which oil pollution damage was anticipated.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a response organization referred to in subsection 51(1)(b) or a person in a state other than Canada.

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