Marine Liability Act

Version of section 86 from 2003-01-01 to 2010-01-01:


Marginal note:Duties of Administrator

  •  (1) On receipt of a claim under section 85, the Administrator shall

    • (a) investigate and assess the claim; and

    • (b) make an offer of compensation to the claimant for whatever portion of the claim the Administrator finds to be established.

  • Marginal note:Powers of Administrator

    (2) For the purpose of investigating and assessing a claim, the Administrator has the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Factors to be considered

    (3) In investigating and assessing a claim, the Administrator may consider only

    • (a) whether the claim is for loss, damage, costs or expenses referred to in subsection 85(1); and

    • (b) whether the claim resulted wholly or partially from

      • (i) an act done or omitted to be done by the claimant with intent to cause damage, or

      • (ii) the negligence of the claimant.

  • Marginal note:Cause of occurrence

    (4) A claimant is not required to satisfy the Administrator that the occurrence was caused by a ship, but the Administrator shall dismiss a claim if satisfied on the evidence that the occurrence was not caused by a ship.

  • Marginal note:When claimant at fault

    (5) The Administrator shall reduce or nullify any amount that the Administrator would have otherwise assessed in proportion to the degree to which the Administrator is satisfied that the claim resulted from

    • (a) an act done or omitted to be done by the claimant with intent to cause damage; or

    • (b) the negligence of the claimant.

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