Government of Canada / Gouvernement du Canada
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Arctic Waters Pollution Prevention Regulations (C.R.C., c. 354)

Regulations are current to 2021-05-19

PART II (continued)

Limits of Liability

  •  (1) For the purposes of section 6 of the Act, the maximum amount of the joint and several liability of a ship owner and the owners of cargo in the ship in respect of any occurrence, or series of occurrences having the same origin, resulting in a deposit of waste that causes loss or damage shall, subject to subsection (2), be determined by multiplying 2,000 gold francs by the number of tons of the ship’s tonnage, but the maximum amount of such liability shall not exceed 210 million gold francs.

  • (2) Where the owner or underwriter of a ship has taken any action

    • (a) to repair or remedy any condition that resulted from a deposit of waste for which any action has been brought under the Act, or

    • (b) to reduce or mitigate any damage to or destruction of life or property that resulted or may reasonably be expected to result from such deposit of waste,

    the limits of liability prescribed by subsection (1) shall be reduced by an amount equal to the costs and expenses of and incidental to the taking of such action if such costs and expenses can be established to have been reasonably incurred in the circumstances.

  • (3) The amounts that are equivalent to 2,000 gold francs and 210 million gold francs respectively shall be determined in the manner specified in the Canada Shipping Act Gold Franc Conversion Regulations.

  • SOR/79-7, s. 1

 For the purposes of section 15, the tonnage of a ship shall

  • (a) if the ship is registered in Canada, be the registered tonnage plus the allowance for engine room space deducted for the purpose of ascertaining its registered tonnage; or

  • (b) if the ship is not registered in Canada, be the tonnage that would have been the tonnage of the ship in accordance with paragraph (a) if the ship had been registered in Canada.

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