Marginal note:Limitation of liability — Convention ships
54 (1) The maximum liability under section 51 of an owner of a Convention ship in respect of an occurrence is
(a) if the ship has a tonnage of not more than 5,000 tons, 3,000,000 units of account; and
(b) if the ship has a tonnage of more than 5,000 tons, 3,000,000 units of account for the first 5,000 tons and 420 units of account for each additional ton, not exceeding 59,700,000 units of account in the aggregate.
Marginal note:Conduct barring limitation
(2) An owner is not entitled to limitation of liability under subsection (1) if it is proved that the actual or anticipated oil pollution damage resulted from the personal act or omission of the owner, committed with the intent to cause the oil pollution damage or recklessly and with knowledge that the oil pollution damage would probably result.
Marginal note:Calculation of tonnage
(3) For the purpose of subsection (1), a ship’s tonnage is the gross tonnage calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969, concluded at London on June 23, 1969, including any amendments, whenever made, to the Annexes or Appendix to that Convention.
Marginal note:Definition of “unit of account”
(4) In paragraphs (1)(a) and (b), unit of account means a special drawing right issued by the International Monetary Fund.
Marginal note:Amendment of limits
(5) If amendments to the limits of liability specified in paragraph 1 of Article V of the Civil Liability Convention are made in accordance with Article 15 of the Protocol of 1992 concluded at London on November 27, 1992, the Governor in Council may, by order, on the recommendation of the Minister, amend the limits of liability set out in subsection (1) by the same amounts.
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