Marginal note:Passenger claims, no certificate
29 (1) The maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to passengers of a ship for which no certificate is required under Part V of the Canada Shipping Act is the greater of
(a) 2,000,000 units of account; and
(b) the number of units of account calculated by multiplying 175,000 units of account by the number of passengers on board the ship.
Marginal note:Passenger claims, no contract of carriage
(2) Notwithstanding Article 6 of the Convention, the maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to persons carried on a ship otherwise than under a contract of passenger carriage is the greater of
(a) 2,000,000 units of account, and
(b) 175,000 units of account multiplied by
(i) the number of passengers that the ship is authorized to carry according to its certificate under Part V of the Canada Shipping Act, or
(ii) if no certificate is required under that Part, the number of persons on board the ship.
Marginal note:Exception
(3) Subsection (2) does not apply in respect of
(a) the master of a ship, a member of a ship’s crew or any other person employed or engaged in any capacity on board a ship on the business of a ship; or
(b) a person carried on board a ship other than a ship operated for a commercial or public purpose.
Marginal note:Definition of “passenger”
(4) In subsection (1), passenger means a person carried on a ship in circumstances described in paragraph 2(a) or (b) of Article 7 of the Convention.
Marginal note:Definition of “unit of account”
(5) In subsections (1) and (2), unit of account means a special drawing right issued by the International Monetary Fund.
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