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

Full Document:  

Act current to 2021-09-11 and last amended on 2021-04-01. Previous Versions

PART 6Liability and Compensation for Pollution (continued)

DIVISION 1International Conventions (continued)

Fund Convention

Marginal note:Force of law

 Articles 1 to 4, 6 to 10, 12 to 15, 36 ter, 29, 33 and 37 of the Fund Convention — that are set out in Schedule 6 — have the force of law in Canada.

  • 2001, c. 6, s. 57
  • 2009, c. 21, s. 11

Marginal note:Contracting State

 For the purposes of the application of the Fund Convention, Canada is a Contracting State.

  • 2001, c. 6, s. 58
  • 2009, c. 21, s. 11

Marginal note:Schedule 6 — limits amendment

 The Governor in Council may, by regulation, amend Schedule 6 to implement an amendment — to the limits of liability that are specified in paragraph 4 of Article 4 of the Fund Convention — that is made in accordance with Article 33 of that Convention.

  • 2001, c. 6, s. 59
  • 2009, c. 21, s. 11

Meaning of associated persons

 For the purposes of the application of the Fund 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 2(b) of Article 10 of that Convention.

  • 2001, c. 6, s. 60
  • 2009, c. 21, s. 11

Marginal note:Legal capacity of International Fund

 For the purposes of the rights and obligations referred to in section 62, the International Fund has the capacity, rights and obligations of a natural person, and the Director of the International Fund is its legal representative.

  • 2001, c. 6, s. 61
  • 2009, c. 21, s. 11

Marginal note:International Fund to be party to legal proceedings

  •  (1) If a claimant commences an action against the owner of a ship or the owner’s guarantor in respect of a matter referred to in section 51 or Article III of the Civil Liability Convention,

    • (a) the document commencing the proceedings shall be served on the International Fund and that Fund is then a party to the proceedings; and

    • (b) the International Fund may appear and take any action that its Director considers appropriate for the proper administration of that Fund.

  • Marginal note:Method of service on International Fund

    (2) In addition to any method of service permitted by the rules of the court in which a proceeding is commenced, service of documents on the International Fund under paragraph (1)(a) may be effected by registered mail.

  • 2001, c. 6, s. 62
  • 2009, c. 21, s. 11

Supplementary Fund Protocol

Marginal note:Force of law

 Articles 1 to 15, 18, 20, 24, 25 and 29 of the Supplementary Fund Protocol — that are set out in Schedule 7 — have the force of law in Canada.

  • 2001, c. 6, s. 63
  • 2009, c. 21, s. 11

Marginal note:Contracting State

 For the purposes of the application of the Supplementary Fund Protocol, Canada is a Contracting State.

  • 2001, c. 6, s. 64
  • 2009, c. 21, s. 11

Marginal note:Schedule 7 — limits amendment

 The Governor in Council may, by regulation, amend Schedule 7 to implement an amendment — to the limits of liability that are in Article 4 of the Supplementary Fund Protocol — that is made in accordance with Article 24 of that Protocol.

  • 2001, c. 6, s. 65
  • 2009, c. 21, s. 11

Meaning of associated persons

 For the purposes of the application of the Supplementary Fund Protocol, 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 2(b) of Article 10 of the Fund Convention.

  • 2001, c. 6, s. 66
  • 2009, c. 21, s. 11

Marginal note:Legal capacity of Supplementary Fund

 For the purposes of the rights and obligations referred to in section 68, the Supplementary Fund has the capacity, rights and obligations of a natural person, and the Director of the Supplementary Fund is its legal representative.

  • 2001, c. 6, s. 67
  • 2009, c. 21, s. 11

Marginal note:Supplementary Fund to be party to legal proceedings

  •  (1) If a claimant commences an action against the owner of a ship or the owner’s guarantor in respect of a matter referred to in section 51 or Article III of the Civil Liability Convention,

    • (a) the document commencing the proceedings shall be served on the Supplementary Fund and that Fund is then a party to the proceedings; and

    • (b) the Supplementary Fund may appear and take any action that its Director considers appropriate for the proper administration of that Fund.

  • Marginal note:Method of service on Supplementary Fund

    (2) In addition to any method of service permitted by the rules of the court in which proceedings are commenced, service of documents on the Supplementary Fund under paragraph (1)(a) may be effected by registered mail.

  • 2001, c. 6, s. 68
  • 2009, c. 21, s. 11

Bunkers Convention

Marginal note:Force of law

 Articles 1 to 10 of the Bunkers Convention — that are set out in Schedule 8 — have the force of law in Canada.

  • 2001, c. 6, s. 69
  • 2009, c. 21, s. 11

Marginal note:State Party

  •  (1) For the purposes of the application of the Bunkers Convention, Canada is a State Party.

  • Marginal note:Appropriate authority

    (2) For the purposes of the application of Article 7 of the Bunkers Convention, the Minister is the appropriate authority for Canada.

  • 2001, c. 6, s. 70
  • 2009, c. 21, s. 11

Marginal note:Liability for pollution and related costs

  •  (1) The liability of the owner of a ship in relation to preventive measures, for the purposes of the Bunkers Convention, also includes

    • (a) 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, any other person in Canada or any person in a state, other than Canada, that is a party to that Convention in respect of measures taken to prevent, repair, remedy or minimize pollution damage from the ship, including measures taken in anticipation of a discharge of bunker 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

    • (b) in relation to bunker oil, 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

    (2) 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)(b), 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.

  • 2001, c. 6, s. 71
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 714

Marginal note:Application of Part 3

 Part 3 applies to claims arising under the Bunkers Convention.

  • 2001, c. 6, s. 72
  • 2009, c. 21, s. 11
 
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