PART 3Limitation of Liability for Maritime Claims (continued)
Marginal note:Other claims
29 The maximum liability for maritime claims that arise on any distinct occasion involving a ship of less than 300 gross tonnage, other than claims referred to in section 28, is
(a) $1,000,000 in respect of claims for loss of life or personal injury; and
(b) $500,000 in respect of any other claims.
- 2001, c. 6, s. 29, c. 26, s. 324
- 2009, c. 21, s. 3
Marginal note:Calculation of tonnage
29.1 For the purposes of sections 28 and 29, a ship’s gross tonnage shall be calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969, concluded at London on June 23, 1969, including any amendments, whenever they are made, to the Annexes or Appendix to that Convention.
- 2009, c. 21, s. 3
Liability of Owners of Docks, Canals and Ports
Marginal note:Limitation of liability
30 (1) The maximum liability of an owner of a dock, canal or port, for a claim that arises on any distinct occasion for loss caused to a ship, or to any cargo or other property on board a ship, is the greater of
(a) $2,000,000, and
(b) the amount calculated by multiplying $1,000 by the number of tons of the gross tonnage of the largest ship that is at the time of the loss, or had been within a period of five years before that time, within the area of the dock, canal or port over which the owner had control or management.
Marginal note:Calculation of tonnage
(2) For the purposes of subsection (1), a ship’s gross tonnage shall be calculated in the manner described in section 29.1.
(3) The maximum liability specified in subsection (1) also applies to any person for whose act or omission the owner is responsible.
Marginal note:Conduct barring limitation
(4) This section does not apply to an owner, or a person for whose act or omission the owner is responsible, if it is proved that the loss resulted from the personal act or omission of that owner or that person, as the case may be, committed with intent to cause the loss or recklessly and with knowledge that the loss would probably result.
Marginal note:Meaning of terms
(5) For the purposes of this section,
(a) “dock” includes wet docks and basins, tidal-docks and basins, locks, cuts, entrances, dry docks, graving docks, gridirons, slips, quays, wharfs, piers, stages, landing places, jetties and synchrolifts; and
(b) “owner of a dock, canal or port” includes any person or authority having the control or management of the dock, canal or port and any ship repairer using the dock, canal or port.
- 2001, c. 6, s. 30
- 2009, c. 21, s. 4
Amendment of Maximum Liability
Marginal note:Amendment of limits
31 (1) The Governor in Council may, by regulation, amend Schedule 1 to implement an amendment that is made in accordance with Article 8 of the Protocol to any of the limits of liability that are specified in paragraph 1 of Article 6 or paragraph 1 of Article 7 of the Convention.
Marginal note:Amendment of sections 28, 29 and 30
(2) The Governor in Council may, by regulation, amend the limits of liability set out in sections 28, 29 and 30.
- 2001, c. 6, s. 31
- 2009, c. 21, s. 5
Marginal note:Jurisdiction of Admiralty Court
Marginal note:Right to assert limitation defence
(2) Where a claim is made or apprehended against a person in respect of liability that is limited by section 28, 29 or 30 of this Act or paragraph 1 of Article 6 or 7 of the Convention, that person may assert the right to limitation of liability in a defence filed, or by way of action or counterclaim for declaratory relief, in any court of competent jurisdiction in Canada.
Marginal note:Powers of Admiralty Court
33 (1) Where a claim is made or apprehended against a person in respect of liability that is limited by section 28 or 29 of this Act or paragraph 1 of Article 6 or 7 of the Convention, the Admiralty Court, on application by that person or any other interested person, including a person who is a party to proceedings in relation to the same subject-matter before another court, tribunal or authority, may take any steps it considers appropriate, including
(a) determining the amount of the liability and providing for the constitution and distribution of a fund under Articles 11 and 12 of the Convention;
(b) joining interested persons as parties to the proceedings, excluding any claimants who do not make a claim within a certain time, requiring security from the person claiming limitation of liability or from any other interested person and requiring the payment of any costs; and
(c) enjoining any person from commencing or continuing proceedings in any court, tribunal or authority other than the Admiralty Court in relation to the same subject-matter.
Marginal note:Court may postpone distribution
(2) In providing for the distribution of a fund under paragraph (1)(a) in relation to any liability, the Admiralty Court may, having regard to any claim that may subsequently be established before a court, tribunal or other authority outside Canada in respect of that liability, postpone the distribution of any part of the fund that it considers appropriate.
Marginal note:Lien and other rights
(3) No lien or other right in respect of a ship or other property affects the proportions in which a fund is distributed by the Admiralty Court.
Marginal note:Procedural matters
(4) The Admiralty Court may
(5) For the purposes of Article 11 of the Convention, interest is payable at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.
Marginal note:Release of ships, etc.
34 (1) Where a ship or other property is released under paragraph 2 of Article 13 of the Convention, in any case other than one in which a fund has been constituted in a place described in paragraphs (a) to (d) of that Article, the person who applied for the release is deemed to have submitted to the jurisdiction of the court that ordered the release for the purpose of determining the claim.
Marginal note:Limitation fund in state other than Canada
(2) In considering whether to release a ship or other property referred to in subsection (1), the court shall not have regard to a limitation fund constituted in a country other than Canada unless the court is satisfied that the country is a State Party to the Convention.
Marginal note:Governor in Council
34.1 The Governor in Council may make regulations
(a) prescribing classes of persons for the purpose of paragraph 28(3)(d); and
(b) generally for carrying out the purposes and provisions of this Part.
- 2009, c. 21, s. 6
PART 4Liability for Carriage of Passengers by Water
35 The definitions in this section apply in this Part.
Convention means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, concluded at Athens on December 13, 1974, as amended by the Protocol, Articles 1 to 22 of which Convention are set out in Part 1 of Schedule 2. (Convention)
Protocol means the Protocol of 1990 to amend the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, concluded at London on March 29, 1990, Articles III and VIII of which are set out in Part 2 of Schedule 2. (Protocole)
Marginal note:Extended meaning of expressions
(a) the definition ship in Article 1 of the Convention shall be read as including any vessel or craft designed, used or capable of being used solely or partly for navigation, whether seagoing or not, but not including an air cushion vehicle or a vessel propelled manually by paddles or oars; and
(b) in the definition contract of carriage in Article 1 of the Convention, the expression “carriage by sea” shall be read as “carriage by water”.
Marginal note:Owners of ships
(2) For greater certainty, in the application of the Convention under this Part, Article 19 of the Convention applies to owners of all ships, whether seagoing or not.
(3) In the event of any inconsistency between this section and sections 35 and 37 to 40 of this Act and Articles 1 to 22 of the Convention, those sections prevail to the extent of the inconsistency.
- 2001, c. 6, s. 36
- 2009, c. 21, s. 7
- Date modified: