Marine Liability Act

Marginal note:Expedited claims — small amounts

• 106.1 (1) A person may file a claim with the Administrator under this section if the claim meets the following conditions:

  • (a) the claim is for loss, damage, costs or expenses referred to in subsection 103(1) — other than economic loss referred to in that subsection — or (1.1) suffered or incurred by the claimant;

  • (b) the claim is the first one that the claimant has filed in respect of a given occurrence for loss, damage, costs or expenses referred to in paragraph (a) and does not exceed $35,000 or, if any other amount is fixed by regulations made under paragraph 106.8(b), that amount; and

  • (c) the claim did not result, wholly or partially, from an act done or omitted to be done by the claimant with intent to cause damage or from the claimant’s negligence.

• Marginal note:Contents of claim

  (2) The claim must set out

  • (a) a description of the occurrence that gives rise to the claim, as well as of the loss or damage suffered, or costs or expenses incurred, by the claimant that the claim is for;

  • (b) the amount claimed for the loss, damage, costs and expenses;

  • (c) the claimant’s attestation to

    • (i) the truth of the facts set out in the claim,

    • (ii) their having no reason to believe that the occurrence was not caused by a ship,

    • (iii) their ability to provide the Administrator, on request, with supporting documents in respect of the loss, damage, costs or expenses, and

    • (iv) any other information prescribed by the regulations; and

  • (d) any other information prescribed by the regulations.

• Marginal note:Significant incident — increased claim limit

  (3) If, in the Administrator’s opinion, a discharge of oil from a ship constitutes a significant incident, the Administrator may, by order, specify that the amount set out in paragraph (1)(b) for a claim in respect of that significant incident is $50,000 or, if any other amount is fixed by regulations made under paragraph 106.8(d), that amount. If the Administrator makes the order, then he or she shall ensure that a notice to that effect is made available to the public.

• Marginal note:Limitation or prescription period

  (4) A claim under subsection (1) must be made

  • (a) if oil pollution damage occurs, within one year after the day of the occurrence that causes that damage; or

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

• Marginal note:Multiple occurrences

  (5) For the purposes of subsection (4), if an incident as a result of which oil pollution damage occurs or in respect of which oil pollution damage is anticipated consists of a series of occurrences, the one-year period referred to in that subsection is the year after the day of the first occurrence in that series.

• Marginal note:Exception

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