Marine Liability Act

Marginal note:Definitions

• 91 (1) The following definitions apply in this Part.

  discharge

  discharge, in relation to oil, means a discharge of oil that directly or indirectly results in the oil entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)

  in bulk

  in bulk means in a hold or tank that is part of a ship’s structure, without any intermediate form of containment. (en vrac)

  oil

  oil means oil of any kind or in any form and includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil. (hydro­carbures)

  oil pollution damage

  oil pollution damage, in relation to a ship, means loss or damage outside the ship caused by contamination resulting from the discharge of oil from the ship. (dommages dus à la pollution par les hydrocarbures)

  owner

  owner

  • (a) in relation to a ship subject to the Civil Liability Convention, has the same meaning as in Article I of that Convention;

  • (b) in relation to a ship subject to the Bunkers Convention, has the same meaning as the definition Shipowner in Article 1 of that Convention; and

  • (c) in relation to any other ship, means the person who has for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use. (propriétaire)

  receiver

  receiver means a receiver as defined in paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention. (réceptionnaire)

  ship

  ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to its method of propulsion or lack of propulsion, and includes

  • (a) a ship in the process of construction from the time that it is capable of floating; and

  • (b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up. (navire)

  Ship-source Oil Pollution Fund

  Ship-source Oil Pollution Fund means the Ship-source Oil Pollution Fund continued by section 92. (Caisse d’indemnisation)

  significant incident

  significant incident means a discharge of oil that, due to its severity, size or location and to its impact — actual or potential — on the environment, requires extraordinary resources to respond to it. (événement significatif)

• Marginal note:Other definitions

  (2) In this Part, Bunkers Convention, Civil Liability Convention, Fund Convention, Hazardous and Noxious Substances Convention, HNS Fund, International Fund, Supplementary Fund and Supplementary Fund Protocol have the same meaning as in subsection 47(1).