Government of Canada / Gouvernement du Canada
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Marine Liability Act

Version of section 103 from 2010-01-02 to 2018-12-12:

Marginal note:Claims filed with Administrator

  •  (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.

  • 2001, c. 6, s. 103, c. 26, s. 324
  • 2009, c. 21, s. 11

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