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

Marginal note:State Party

74.2 For the purposes of the application of the Hazardous and Noxious Substances Convention, Canada is a State Party.

Meaning of associated persons

74.3 For the purposes of the application of the Hazardous and Noxious Substances Convention, if two bodies are affiliated with each other within the meaning of section 2 of the Canada Business Corporations Act, they are deemed to be associated persons within the meaning of associated person in paragraph 6 of Article 16 of that Convention.

Meaning of receiver

• 74.4 (1) For the purposes of subsection (2), receiver has the meaning assigned by paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention.

• Marginal note:Obligation

  (2) Receivers shall file information returns with the Minister, in accordance with the regulations, respecting quantities of contributing cargo received, except oils described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations respecting information returns for the purposes of subsection (2).

• Marginal note:Communication to Secretary-General of IMO

  (4) The Minister shall communicate to the Secretary-General of the International Maritime Organization, in accordance with Article 45 of the Hazardous and Noxious Substances Convention, the information referred to in that Article.

• Marginal note:Communication to Director of HNS Fund

  (5) The Minister shall communicate to the Director of the HNS Fund, in accordance with Article 21 of the Hazardous and Noxious Substances Convention, the information referred to in that Article except information that relates to oils described in paragraph 5(a)(i) of Article 1 of that Convention.

• Marginal note:Minister’s powers

  (6) The Minister may, for the purposes of subsection (2), (4) or (5),

  • (a) at any reasonable time, enter a place in which he or she has reasonable grounds to believe there are any records, books of account, accounts, vouchers or other documents relating to information referred to in Article 21 or 45 of the Hazardous and Noxious Substances Convention;

  • (b) examine anything at the place and copy or take away for further examination or copying any record, book of account, account, voucher or other document that he or she believes, on reasonable grounds, contains any such information; and

  • (c) require the owner, occupier or person in charge of the place to give the Minister all reasonable assistance in connection with the examination and to answer all proper questions relating to the examination and, for that purpose, require the owner, occupier or person in charge to attend at the place with the Minister.

• Marginal note:No obstruction or false statements

  (7) No person shall obstruct or hinder the Minister in the exercise of any powers under subsection (6) or knowingly make a false or misleading statement, either orally or in writing, to the Minister while he or she is exercising those powers.

• Marginal note:Warrant required to enter dwelling place

  (8) A dwelling place may not be entered under subsection (6) unless it is entered with the occupant’s consent or under the authority of a warrant issued under subsection (9).

• Marginal note:Authority to issue warrant

  (9) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter a dwelling place, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling place is a place referred to in paragraph (6)(a);

  • (b) entry to the dwelling place is necessary for the purposes of subsection (2), (4) or (5); and

  • (c) entry to the dwelling place has been refused or there are reasonable grounds to believe that it will be refused.

DIVISION 2Liability Not Covered by Division 1

Interpretation

Marginal note:Definitions

75 The following definitions apply in this Division.

discharge

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

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 any 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 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)

pollutant

pollutant means oil and any substance or class of substances identified by the regulations as a pollutant for the purposes of this Part and includes

• (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the waters’ quality to an extent that their use would be detrimental to humans or animals or plants that are useful to humans; and

• (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the waters’ quality to an extent that their use would be detrimental to humans or animals or plants that are useful to humans. (polluant)

pollution damage

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

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)

Application

Marginal note:Geographical application

76 This Division applies in respect of actual or anticipated pollution damage, except for pollution damage covered by Division 1, irrespective of the location of the actual or anticipated discharge of the pollutant and irrespective of the location where any preventive measures are taken,

• (a) on Canada’s territory or in Canadian waters; or

• (b) in Canada’s exclusive economic zone.

Marginal note:Liability for pollution and related costs

• 77 (1) The owner of a ship is liable

  • (a) for oil pollution damage from the ship, including economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people;

  • (b) for the costs and expenses incurred by the Minister of Fisheries and Oceans, a response organization within the meaning of section 165 of the Canada Shipping Act, 2001 or any other person in Canada in respect of measures taken to prevent, repair, remedy or minimize oil pollution damage from the ship, including measures taken in anticipation of a discharge of oil from it, to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures; and

  • (c) in relation to pollutants, for the costs and expenses incurred by

    • (i) the Minister of Fisheries and Oceans in respect of measures taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001, in respect of any monitoring under paragraph 180(1)(b) of that Act or in relation to any direction given under paragraph 180(1)(c) of that Act to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures, or

    • (ii) any other person in respect of the measures that they were directed to take or refrain from taking under paragraph 180(1)(c) of the Canada Shipping Act, 2001 to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures.

• Marginal note:Liability — grave and imminent threat of pollution damage

  (1.1) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(c), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.

• Marginal note:Words and expressions defined

  (1.2) For the purposes of subsection (1.1), words and expressions used in that subsection that are not defined have the same meaning as in the Civil Liability Convention as defined in subsection 47(1).

• Marginal note:Liability for environmental damage

  (2) If oil pollution damage from a ship results in impairment to the environment, the owner of the ship is liable for the costs of reasonable measures of reinstatement undertaken or to be undertaken.

• Marginal note:Strict liability subject to certain defences

  (3) The owner’s liability under subsections (1) and (2) does not depend on proof of fault or negligence, but the owner is not liable under those subsections if they establish that the occurrence

  • (a) resulted from an act of war, hostilities, civil war or insurrection or from a natural phenomenon of an exceptional, inevitable and irresistible character;

  • (b) was wholly caused by an act or omission of a third party with intent to cause damage; or

  • (c) was wholly caused by the negligence or other wrongful act of any government or other authority that is responsible for the maintenance of lights or other navigational aids, in the exercise of that function.

• Marginal note:Owner’s rights against third parties

  (4) Nothing in this Division shall be construed as limiting or restricting any right of recourse that the owner of a ship who is liable under subsection (1) may have against another person.

• Marginal note:Owner’s own claim for costs and expenses

  (5) The costs and expenses incurred by the owner of a ship in respect of measures voluntarily taken by them to prevent, repair, remedy or minimize oil pollution damage from the ship, including measures taken in anticipation of a discharge of oil from it, to the extent that the measures taken and the costs and expenses are reasonable, rank equally with other claims against any security given by that owner in respect of their liability under this section.

• Marginal note:Limitation period

  (6) No action lies in respect of a matter referred to in subsection (1) unless it is commenced

  • (a) if pollution damage occurs, within the earlier of

    • (i) three years after the day on which the pollution damage occurs, and

    • (ii) six years after the occurrence that causes the pollution damage or, if the pollution damage is caused by more than one occurrence having the same origin, six years after the first of the occurrences; or

  • (b) if no pollution damage occurs, within six years after the occurrence.

Marginal note:Application of Part 3

78 Part 3 applies to any claim referred to in section 77.

DIVISION 3General Provisions

Admiralty Court

Marginal note:Jurisdiction

• 79 (1) The Admiralty Court has jurisdiction with respect to claims for compensation brought in Canada under any convention under Division 1 and claims for compensation under Division 2.

• Marginal note:Jurisdiction may be exercised in rem

  (2) The jurisdiction conferred on the Admiralty Court may be exercised in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court.

• Marginal note:Exempt ships and cargoes

  (3) No action in rem may be commenced in Canada against

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

  • (b) a ship owned or operated by Canada or a province, or any cargo carried on such a ship, if the ship is engaged on government service; or

  • (c) a ship owned or operated by a state, other than Canada, or any cargo carried on such a ship, with respect to a claim if, at the time the claim arises or the action is commenced, the ship is being used exclusively for non-commercial governmental purposes.

Registration of Foreign Judgments

Marginal note:Definitions

80 The following definitions apply in this section and in sections 81 to 89.

foreign judgment

foreign judgment means a judgment — of a court of a state, other than Canada, that is a party to one of the following conventions or the protocol — rendered under the

• (a) Civil Liability Convention within the meaning of subsection 47(1);

• (b) Fund Convention within the meaning of subsection 47(1);

• (c) Supplementary Fund Protocol within the meaning of subsection 47(1);

• (d) Bunkers Convention within the meaning of subsection 47(1). (jugement étranger)

judgment creditor

judgment creditor means a person in whose favour a foreign judgment is rendered, and includes the person’s assigns, successors, heirs, executors, liquidators of the succession, administrators and legal representatives. (bénéficiaire)

judgment debtor

judgment debtor means a person against whom a foreign judgment is rendered, and includes a person against whom the foreign judgment is enforceable under the law of the state in which it is rendered. (débiteur)

Marginal note:Application

81 Sections 82 to 89 apply to a foreign judgment resulting from an occurrence that takes place after the convention or protocol under which the judgment is rendered comes into force in Canada.