Marine Liability Act (S.C. 2001, c. 6)

Marginal note:Notations removed

• 130.18 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, the Minister shall remove from the public record of notices of violation and notices of default, on the fifth anniversary of the day on which a person has paid every penalty that they are liable to pay under this Act, the notice of violation or notice of default along with all the other information kept in the public record with respect to the violation or default.

• Marginal note:Notice

  (2) If the Minister is of the opinion that the removal is not in the public interest, he or she shall give notice of that fact to the person in writing and provide the grounds for that opinion.

• Marginal note:Contents of notice

  (3) The notice shall include the address at which, and the date — being 30 days after the day on which the notice is served — on or before which, a request for a review may be filed and the particulars concerning the procedure for requesting a review.

• Marginal note:Request for review

  (4) The person may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal of Canada on application may allow, file with the Tribunal a written request for a review of the Minister’s decision made under subsection (2).

• Marginal note:Time and place for review

  (5) On receipt of the request, the Transportation Appeal Tribunal of Canada shall specify a time and place for the review and notify the Minister and the person who filed the request of that time and place in writing.

• Marginal note:Review procedure

  (6) The member of the Transportation Appeal Tribunal of Canada who is assigned to conduct the review shall provide the Minister and the person with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations at the review.

• Marginal note:Determination by member

  (7) The member who conducts the review shall confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

• Marginal note:Right of appeal

  (8) The person who requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Transportation Appeal Tribunal of Canada.

• Marginal note:Loss of right of appeal

  (9) If the person does not appear at the review hearing, the person is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (10) The appeal panel of the Transportation Appeal Tribunal of Canada that is assigned to hear the appeal shall dismiss it or refer the matter back to the Minister for reconsideration.

Regulations

Marginal note:Governor in Council

130.19 For the purposes of sections 130.01 to 130.18, the Governor in Council may, on the recommendation of the Minister, make regulations

• (a) designating as a violation the contravention of any specified provision of this Act or of the regulations;

• (b) establishing a penalty or a range of penalties in respect of a violation up to the maximum amount set out in subsection 130.01(2); and

• (c) if a range of penalties is established by regulations made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account.

Offences

Marginal note:Contraventions

131 Every person or ship that contravenes subsection 55(1) or (2), 73(1) or (2), 128(2) or 129(6) or (7) or regulations made under section 39 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

Marginal note:Failure to pay

• 132 (1) Every person who contravenes any of paragraphs 114.1(2)(a) to (d) or subsection 114.2(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

• Marginal note:False or misleading information return — receiver

  (2) Every receiver who files an information return under subsection 74.4(2) that contains a material statement that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

• Marginal note:Falsifying or destroying books of account

  (3) Every person who knowingly destroys, mutilates or falsifies, or who knowingly makes any false or misleading entry or statement in, any record or book of account required to be kept under subsection 118(1) or (1.1) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

• Marginal note:Omission from books of account

  (3.1) Every person who knowingly omits a material entry or statement from any record or book of account required to be kept under subsection 118(1) or (1.1) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

• Marginal note:Contraventions

  (4) Every person who contravenes subsection 74.4(7) or 117.3(2), section 118 or subsection 119(9) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

• Marginal note:Failure to file information return — receiver

  (4.1) Every receiver who contravenes subsection 74.4(2) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

• Marginal note:False or misleading information

  (5) Every person who files a claim under subsection 106.1(1) that includes information that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

• Marginal note:Failure to file information return — person

  (6) Every person who contravenes subsection 117.1(1) or (1.1) or section 118.1 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

• Marginal note:False or misleading information return — person

  (7) Every person who files an information return under subsection 117.1(1) or (1.1) that contains a material statement that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

• Marginal note:False or misleading information

  (8) Every person who provides information or a document under section 118.1 that contains a material statement that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.

Marginal note:Due diligence defence

132.1 A person shall not be found guilty of an offence under section 131 or any of subsections 132(1), (4.1) and (6) if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Jurisdiction in relation to offences

133 When a person or a ship is charged with having committed an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or ship within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there.

Marginal note:Proof of offence

134 In a prosecution of a ship for an offence under this Act, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a designated officer, whether or not the person on board is identified.

Marginal note:Limitation period

• 135 (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister becomes aware of the subject matter of the proceedings.

• Marginal note:Minister’s certificate

  (2) A document that purports to have been issued by the Minister and that certifies the day on which he or she became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence that the Minister became aware of the subject matter on that day.

• Marginal note:Defendant outside Canada

  (3) If the proceedings cannot be commenced within two years because the proposed defend-ant is outside Canada, the proceedings may be commenced not later than two months after the defendant returns to Canada.

Sale of Ships

Marginal note:Application by Minister

• 136 (1) The Minister may apply to any court of competent jurisdiction for an order authorizing him or her to sell a ship that has been detained under section 129 if

  • (a) an information is laid in respect of an offence under subsection 55(1) or (2) or 73(1) or (2) or of a regulation made under paragraph 39(a) or (b), and

    • (i) the security required under paragraph 129(4)(b) is not deposited within the time specified in the detention order,

    • (ii) the person or ship charged is convicted, and

    • (iii) the fine imposed and the expenses incurred in respect of the detained ship have not been paid; and

  • (b) no information is laid and

    • (i) the measures referred to in paragraph 129(4)(a) have not been taken within the time specified in the detention order, and

    • (ii) the expenses incurred in respect of the detained ship have not been paid.

• Marginal note:Court may authorize sale

  (2) A court seized of an application for the sale of a ship may

  • (a) authorize the Minister to sell the ship in the manner and subject to the terms and conditions that it considers appropriate; and

  • (b) on application by the Minister or a person referred to in paragraph 137(1)(b) or (c), give directions concerning the ranking of the interests in the ship.

Marginal note:Notice

• 137 (1) As soon as is feasible after making an application under section 136, the Minister shall give notice of the application by registered mail to

  • (a) the registrar of the register in which the ship is registered;

  • (b) the holder of any mortgage registered against the ship that is registered in the register referred to in paragraph (a); and

  • (c) the holder of any maritime lien against the ship and the holder of any similar interest, if the holder is known to the Minister at the time of the application.

• Marginal note:Day notice deemed to be given

  (2) A notice sent by registered mail is deemed to have been given to the person to whom it is sent on the day on which the Minister receives an acknowledgement of receipt.

• Marginal note:Relief from giving notice

  (3) If the court that is seized of an application for the sale of a ship is satisfied that it is appropriate to do so, it may relieve the Minister of the obligation to give the notice referred to in subsection (1), or authorize him or her to give the notice in any other manner that it considers appropriate.

Marginal note:Payment of proceeds

• 138 (1) If a ship is sold under an order, the proceeds of the sale shall be applied to satisfy claims in the following order of priority:

  • (a) the expenses incurred in respect of the detained ship and its sale;

  • (b) the claims of the master and crew members for wages;

  • (c) the amount of any fine imposed;

  • (d) the interests of persons who have been recognized and ranked by the court under paragraph 136(2)(b).

• Marginal note:Surplus

  (2) Any surplus of the proceeds of sale remaining after all claims have been satisfied is to be paid to the person registered as the owner of the ship or, in the absence of any registration, to the person who owns the ship.

• Marginal note:Proceedings against owner

  (3) If the proceeds of sale of a ship are insufficient to satisfy the claims described in paragraphs (1)(a) and (c), the Minister may proceed against the owner of the ship for the balance owing.

• Marginal note:Clear title

  (4) On selling a ship under an order, the Minister may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim that is in existence at the time of the sale.

Maritime Lien

Definition of foreign vessel

• 139 (1) In this section, foreign vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001.

• Marginal note:Maritime lien

  (2) A person, carrying on business in Canada, has a maritime lien against a foreign vessel for claims that arise

  • (a) in respect of goods, materials or services wherever supplied to the foreign vessel for its operation or maintenance, including, without restricting the generality of the foregoing, stevedoring and lighterage; or

  • (b) out of a contract relating to the repair or equipping of the foreign vessel.

• Marginal note:Services requested by owner

  (2.1) Subject to section 251 of the Canada Shipping Act, 2001, for the purposes of paragraph (2)(a), with respect to stevedoring or lighterage, the services must have been provided at the request of the owner of the foreign vessel or a person acting on the owner’s behalf.

• Marginal note:Exception

  (3) A maritime lien against a foreign vessel may be enforced by an action in rem against a foreign vessel unless

  • (a) the vessel is a warship, coast guard ship or police vessel; or

  • (b) at the time the claim arises or the action is commenced, the vessel is being used exclusively for non-commercial governmental purposes.

• Marginal note:Federal Courts Act

  (4) Subsection 43(3) of the Federal Courts Act does not apply to a claim secured by a maritime lien under this section.

Limitation Period

Marginal note:Proceedings under maritime law

140 Except as otherwise provided in this Act or in any other Act of Parliament, no proceedings under Canadian maritime law in relation to any matter coming within the class of navigation and shipping may be commenced later than three years after the day on which the cause of action arises.

Inconsistency

Marginal note:Priority over Arctic Waters Pollution Prevention Act

141 In the event of an inconsistency between this Act and the provisions of the Arctic Waters Pollution Prevention Act, the provisions of this Act prevail to the extent of the inconsistency.