Marine Liability Act

Marginal note:Claims filed with Administrator

• 103 (1) In addition to any right against the Ship-source Oil Pollution Fund under section 101, a person who has suffered loss or damage or incurred costs or expenses referred to in section 51, 71 or 77, Article III of the Civil Liability Convention or Article 3 of the Bunkers Convention in respect of actual or anticipated oil pollution damage may file a claim with the Administrator for the loss, damage, costs or expenses.

• Marginal note:Limitation period

  (2) Unless the Admiralty Court fixes a shorter period under paragraph 111(a), a claim must be made

  • (a) within two years after the day on which the oil pollution damage occurs and five years after the occurrence that causes that damage; or

  • (b) if no oil pollution damage occurs, within five years after the occurrence in respect of which oil pollution damage is anticipated.

• Marginal note:Exception

  (3) Subsection (1) does not apply to a response organization referred to in paragraph 51(a), 71(a) or 77(1)(b) or a person in a state other than Canada.