Marine Liability Act

Marginal note:Administrator’s duties

• 105 (1) On receipt of a claim under subsection 103(1) or (1.1), the Administrator shall investigate and assess it and shall

  • (a) make an offer of compensation to the claimant for whatever portion of it that the Administrator finds to be established; or

  • (b) disallow the claim and notify the claimant of its disallowance in writing.

• Marginal note:Administrators duties — future losses

  (1.1) On receipt of a claim under subsection 103(1.2), the Administrator shall investigate and assess it and shall

  • (a) make an offer of compensation to the claimant for whatever portion of it that the Administrator finds to be established;

  • (b) make an offer of compensation to the claimant on an interim payment schedule for whatever portion of it that the Administrator finds to be established and provide the dates for future payments; or

  • (c) disallow the claim and notify the claimant of its disallowance in writing.

• Marginal note:Conditions

  (1.2) If the Administrator makes an offer of compensation under paragraph (1.1)(a) or (b), the Administrator may impose conditions on the claimant as part of that offer, including a requirement to keep records containing information relating to the claim.

• Marginal note:Administrator’s powers

  (2) For the purpose of investigating and assessing a claim, the Administrator has the powers of a commissioner under Part I of the Inquiries Act.

• Marginal note:Factors to be considered

  (3) When investigating and assessing a claim, the Administrator may consider only

  • (a) whether it is for loss, damage, costs or expenses referred to in subsection 103(1), (1.1) or (1.2), as the case may be; and

  • (b) whether it resulted wholly or partially from

    • (i) an act done or omitted to be done by the claimant with intent to cause damage, or

    • (ii) the claimant’s negligence.

• Marginal note:Cause of occurrence

  (4) A claimant is not required to satisfy the Administrator that the occurrence was caused by a ship, but the Administrator shall dismiss a claim if he or she is satisfied on the evidence that the occurrence was not caused by a ship.

• Marginal note:When claimant at fault

  (5) The Administrator shall reduce or nullify any amount that he or she would have otherwise assessed in proportion to the degree to which he or she is satisfied that the claim resulted from

  • (a) an act done or omitted to be done by the claimant with intent to cause damage; or

  • (b) the claimant’s negligence.