GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Insurance Act — M-0.6 85
Particular circumstances 85 (1) Without limiting the generality of section 84, a premium or part of a premium is returnable or not returnable to the insured in the particular circumstances described in subsections (2) to (11). Void or avoided marine policy (2) Where a marine policy is void, or is avoided by the insurer as of the commencement of the risk, and there is no fraud or illegality on the part of the insured or the insured’s agent, the premium is returnable. Exception (3) Where the risk is not apportionable and has once attached, subsection (2) does not apply and the premium is not returnable. Subject-matter never imperilled (4) Where the subject-matter insured or part of the subject-matter insured has never been exposed to any peril insured against, the premium or a proportionate part of the premium, as the case may be, is returnable. Exception (5) Where the subject-matter is insured “lost or not lost” and has arrived at its destination safely before the contract is concluded, subsection (4) does not apply and the premium is not returnable unless, at the time the contract is concluded, the insurer knows of the safe arrival. No insurable interest (6) Where an insured has no insurable interest throughout the period of the risk, the premium is returnable. Exception (7) Subsection (6) does not apply in respect of a contract by way of gaming or wagering and the premium is not returnable. Over-insurance under one policy (8) Where an insured is over-insured under an unvalued policy, a proportionate part of the premium is returnable. Defeasible interest (9) Where an insured has a defeasible interest in the subject-matter insured that is terminated during the period of the risk, the premium is not returnable. Over-insurance under several policies (10) Subject to subsections (2) to (9), where an insured is over-insured by double insurance, a proportionate part of the premiums is returnable. Exceptions (11) Subsection (10) does not apply (a) where the double insurance is knowingly effected by the insured, in which case none of the premiums is returnable; and (b) where the policies are effected at different times and either the earlier policy has at any time borne the entire risk or a claim has been paid on the earlier policy in respect of the full sum insured by it, in which case the premium for the earlier policy is not returnable and the premium for the later policy is returnable.
Marine Insurance Act — M-0.6 86
Double insurance where over-insured 86 (1) An insured is over-insured by double insurance if two or more marine policies are effected by or on behalf of the insured on the same marine adventure and interest or part thereof and the sums insured exceed the indemnity allowed by this Act. Where over-insurance (2) An insured who is over-insured by double insurance (a) may claim payment from the insurers in any order, unless the marine policy under which the claim is made provides otherwise, but may not receive more than the indemnity allowed by this Act; (b) if claiming under a valued policy, shall give credit, as against the value specified in the policy, for any sum received by the insured under any other policy without regard to the actual value of the subject-matter insured; (c) if claiming under an unvalued policy, shall give credit, as against the full insurable value, for any sum received by the insured under any other policy; and (d) is deemed to hold any sum received in excess of the indemnity allowed by this Act in trust for the insurers, according to their right of contribution among themselves.
Marine Insurance Act — M-0.6 87
Right of contribution 87 (1) Where an insured is over-insured by double insurance, each insurer is liable, as between the insurer and the other insurers, to contribute rateably to the payment of a loss in proportion to the amount for which the insurer is liable under the insurer’s contract. Remedies for overcontribution (2) An insurer who contributes more to the payment of a loss than required by subsection (1) is entitled to bring an action against the other insurers for contribution and to such other remedies as a surety is entitled to for paying more than the surety’s proportion of a debt.
Marine Insurance Act — M-0.6 88
Under-insurance 88 Where an insured is insured for a sum that is less than the insurable value of the subject-matter insured, in the case of an unvalued policy, or less than the value of the subject-matter insured specified by the policy, in the case of a valued policy, the insured is deemed to be self-insured in respect of the uninsured difference.
Marine Insurance Act — M-0.6 89
Mutual insurance 89 (1) Mutual insurance is insurance whereby two or more persons mutually agree to insure one another against marine losses. Application of Act (2) Subject to subsections (3) and (4), this Act applies in respect of mutual insurance. Premium (3) The provisions of this Act relating to premiums do not apply in respect of mutual insurance, but a guarantee, or such other arrangement as may be agreed on, may be substituted for the premium for mutual insurance. Amendment by mutual insurance association (4) The provisions of this Act may, in the case of mutual insurance effected by an association, be modified by a marine policy issued by the association, or by the rules and regulations of the association, to the extent that the provisions may be modified by agreement of the parties to the insurance.
Marine Insurance Act — M-0.6 90
Exclusion or variation of rights, duties or liabilities 90 Any right, duty or liability that arises under a contract by implication of law, or that is established by this Act and may be lawfully modified by the parties to a contract, may be negated or varied by express agreement or by usage of the trade if the usage binds both parties to the contract.
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Question of fact 91 Any question as to what constitutes a reasonable time, a reasonable premium or reasonable diligence for the purposes of this Act is a question of fact.
Marine Insurance Act — M-0.6 1
Definitions 1 (1) In a marine policy, barratry includes every wrongful act wilfully committed by the master or crew of the insured ship to the prejudice of the owner or charterer of the ship; ( baraterie ) goods means goods in the nature of merchandise, but does not include personal effects or provisions, stores for use on board a ship or, in the absence of any usage to the contrary, deck cargo or live animals; ( marchandises ) pirates includes passengers on the insured ship who mutiny and persons who attack the ship from land; ( piraterie ) thieves does not include persons who commit a clandestine theft or passengers, officers or members of the crew of the insured ship who commit a theft. ( vol ) Other definitions (2) In a marine policy, the words “freight” and “ship” have the meaning assigned by subsection 2(1) of this Act.
Marine Insurance Act — M-0.6
barratry includes every wrongful act wilfully committed by the master or crew of the insured ship to the prejudice of the owner or charterer of the ship; ( baraterie )
Marine Insurance Act — M-0.6
goods means goods in the nature of merchandise, but does not include personal effects or provisions, stores for use on board a ship or, in the absence of any usage to the contrary, deck cargo or live animals; ( marchandises )
Marine Insurance Act — M-0.6
pirates includes passengers on the insured ship who mutiny and persons who attack the ship from land; ( piraterie )
Marine Insurance Act — M-0.6
thieves does not include persons who commit a clandestine theft or passengers, officers or members of the crew of the insured ship who commit a theft. ( vol )
Marine Insurance Act — M-0.6 2
References 2 In a marine policy, a reference (a) to “all other perils” means perils similar to the perils specifically mentioned in the policy; (b) to “arrests, &c., of kings, princes, and people” includes political or executive acts, but does not include riot or ordinary judicial process; (c) to “average unless general” means a partial loss of the subject-matter insured, other than a general average loss, but does not include particular charges; and (d) to “perils of the seas” means fortuitous accidents or casualties of the seas, but does not include ordinary action of the wind and waves.
Marine Insurance Act — M-0.6 3
“Lost or not lost” 3 Where the subject-matter of a marine policy is insured “lost or not lost” and a loss occurs before the contract is concluded, the risk attaches unless, at the time the contract was concluded, the insured was aware of the loss and the insurer was not.
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“From” 4 Where the subject-matter of a marine policy is insured “from” a particular place, the risk does not attach until the voyage covered by the policy is commenced.
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“At and from” — ship 5 (1) Where a marine policy insures a ship “at and from” a particular place and the ship is at that place in good safety when the contract is concluded, the risk attaches when the contract is concluded. Idem (2) Where a marine policy insures a ship “at and from” a particular place and the ship is not at that place when the contract is concluded, the risk attaches when the ship arrives there in good safety, and, unless the policy otherwise provides, it is immaterial that the ship is insured by another marine policy for a specified time after the arrival.
Marine Insurance Act — M-0.6 6
“At and from” — chartered freight 6 (1) Where a marine policy insures chartered freight “at and from” a particular place and the ship is at that place in good safety when the contract is concluded, the risk attaches when the contract is concluded. Idem (2) Where a marine policy insures chartered freight “at and from” a particular place and the ship is not at that place when the contract is concluded, the risk attaches when the ship arrives there in good safety. “At and from” — other freight (3) Where a marine policy insures freight, other than chartered freight, “at and from” a particular place and the freight is payable without special conditions, the risk attaches proportionately as the goods are shipped, except that if the goods are ready for shipping and belong to the shipowner or are to be shipped under a contract with the shipowner, the risk attaches when the ship is ready to receive the goods.
Marine Insurance Act — M-0.6 7
“From the loading thereof” 7 Where a marine policy insures goods or movables “from the loading thereof”, the risk does not attach until they are on board the ship.
Marine Insurance Act — M-0.6 8
“Safely landed” 8 Where the risk on any goods or movables continues until they are “safely landed”, the risk ceases if they are not landed in the customary manner within a reasonable time after the arrival of the ship at the port of discharge.
Marine Insurance Act — M-0.6 9
“At any port or place whatsoever” 9 In the absence of any licence or usage, the liberty to touch and stay “at any port or place whatsoever” does not authorize a change in the course of the ship’s voyage from the port of departure to the port of destination.
Marine Insurance Act — M-0.6 10
“Stranded” 10 Where a marine policy excepts a loss unless a ship is “stranded”, the insurer is liable for any excepted loss, whether or not the loss is attributable to the stranding, if the risk has attached before the stranding and, in the case of a marine policy on goods, the damaged goods are on board the ship.
Marine Liability Act — M-0.7
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marine Liability Act — M-0.7 1
Short title 1 This Act may be cited as the Marine Liability Act .
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Definitions 2 The definitions in this section apply in this Act. Admiralty Court means the Federal Court. ( Cour d’amirauté ) Minister means the Minister of Transport. ( ministre )
Marine Liability Act — M-0.7
Admiralty Court means the Federal Court. ( Cour d’amirauté )
Marine Liability Act — M-0.7
Minister means the Minister of Transport. ( ministre )
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Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
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Definition of dependant 4 In this Part, dependant , in relation to an injured or deceased person, means an individual who was one of the following in relation to the injured or deceased person at the time the cause of action arose, in the case of an injured person, or at the time of death, in the case of a deceased person: (a) a son, daughter, stepson, stepdaughter, grandson, granddaughter, adopted son or daughter, or an individual for whom the injured or deceased person stood in the place of a parent; (b) a spouse, or an individual who was cohabiting with the injured or deceased person in a conjugal relationship having so cohabited for a period of at least one year; or (c) a brother, sister, father, mother, grandfather, grandmother, stepfather, stepmother, adoptive father or mother, or an individual who stood in the place of a parent.
Marine Liability Act — M-0.7 5
Application of this Part 5 This Part applies in respect of a claim that is made or a remedy that is sought under or by virtue of Canadian maritime law, as defined in the Federal Courts Act , or any other law of Canada in relation to any matter coming within the class of navigation and shipping. 2001, c. 6, s. 5; 2002, c. 8, s. 182
Marine Liability Act — M-0.7 6
Damages for personal injury 6 (1) If a person is injured by the fault or neglect of another under circumstances that entitle the person to recover damages, the dependants of the injured person may maintain an action in a court of competent jurisdiction for their loss resulting from the injury against the person from whom the injured person is entitled to recover. Damages for death (2) If a person dies by the fault or neglect of another under circumstances that would have entitled the person, if not deceased, to recover damages, the dependants of the deceased person may maintain an action in a court of competent jurisdiction for their loss resulting from the death against the person from whom the deceased person would have been entitled to recover. Inclusion in damages (3) The damages recoverable by a dependant of an injured or deceased person may include (a) an amount to compensate for the loss of guidance, care and companionship that the dependant could reasonably have expected to receive from the injured or deceased person if the injury or death had not occurred; and (b) any amount to which a public authority may be subrogated in respect of payments consequent on the injury or death that are made to or for the benefit of the injured or deceased person or the dependant. Excluded factors (4) In the assessment of damages, any amount paid or payable on the death of the deceased person or any future premiums payable under a contract of insurance shall not be taken into account. Apportionment (5) The damages recoverable by a dependant are subject to any apportionment made under Part 2.
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Multiple dependants 7 Damages may be awarded to dependants in proportion to their loss resulting from the injury or death, and the amount so awarded shall be divided among the dependants in the shares determined by the court.
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Payment into court 8 A person against whom an action is commenced under this Part may pay into court an amount of money as compensation for the fault or neglect to all persons entitled to damages without specifying the shares into which it is to be divided.
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Postponement of distribution 9 The court may in its discretion postpone the distribution of any amount to which a person under the age of eighteen or under a legal disability is entitled, may order its payment from the amount paid into court under section 8 and may make any other order that is in the interest of that person.
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Beneficiaries of action 10 (1) An action under this Part shall be for the benefit of the dependants of the injured or deceased person. By whom action is brought (2) An action under subsection 6(2) shall be brought by the executor or administrator of the deceased person, but if no action is brought within six months after that person’s death or if there is no executor or administrator, the action (a) may be brought by any or all of the dependants of the deceased person; and (b) shall be subject to the same procedure, with any adaptations that may be required, as if it were brought by an executor or administrator.
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Parties to action 11 A person who commences an action under this Part shall (a) take reasonable steps to identify and join as parties to the action all persons who are entitled or who claim to be entitled to damages as dependants of the injured or deceased person; and (b) state in the statement of claim the grounds for the claim of each person on whose behalf the action is commenced.
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One action for same cause 12 Claims for the benefit of the dependants of an injured or deceased person may be made in more than one action but, on the application of any party, actions for the benefit of the dependants of the same injured or deceased person may be consolidated in one action or tried together in the same court of competent jurisdiction.
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Actions by different claimants 13 If actions are commenced for the benefit of two or more persons claiming to be entitled to damages under this Part as dependants of an injured or deceased person, the court may make any order or determination that it considers just.
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Limitation period 14 (1) No action may be commenced under subsection 6(1) later than two years after the cause of action arose. Limitation period (2) No action may be commenced under subsection 6(2) later than two years after the death of the deceased person.
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Definition of earnings 15 (1) In this Part, earnings includes freight, passage money and hire. Meaning of loss caused by ship (2) For the purposes of this Part, a reference to loss caused by the fault or neglect of a ship shall be construed as including (a) any salvage expenses consequent on that fault or neglect; and (b) any other expenses consequent on that fault or neglect and recoverable at law by way of damages, other than a loss described in subsection 17(3).
Marine Liability Act — M-0.7 16
Application of this Part 16 This Part applies in respect of a claim that is made or a remedy that is sought under or by virtue of Canadian maritime law, as defined in the Federal Courts Act , or any other law of Canada in relation to any matter coming within the class of navigation and shipping. 2001, c. 6, s. 16; 2002, c. 8, s. 182
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Apportionment based on degree of fault 17 (1) Where loss is caused by the fault or neglect of two or more persons or ships, their liability is proportionate to the degree to which they are respectively at fault or negligent and, if it is not possible to determine different degrees of fault or neglect, their liability is equal. Joint and several liability (2) Subject to subsection (3), the persons or ships that are at fault or negligent are jointly and severally liable to the persons or ships suffering the loss but, as between themselves, they are liable to make contribution to each other or to indemnify each other in the degree to which they are respectively at fault or negligent. Exception — loss of ships and property (3) Where, by the fault or neglect of two or more ships, loss is caused to one or more of those ships, their cargo or other property on board, or loss of earnings results to one or more of those ships, their liability to make good such loss is not joint and several. Persons responsible (4) In this section, a reference to liability of a ship that is at fault or negligent includes liability of any person responsible for the navigation and management of the ship or any other person responsible for the fault or neglect of the ship.
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Claim for contribution or indemnity 18 A person who is entitled to claim contribution or indemnity under this Part from another person or ship that is or may be liable in respect of a loss may do so (a) by adding the other person or ship as a party to a proceeding pending before a court or an administrative or arbitral tribunal of competent jurisdiction, in accordance with the applicable rules of procedure or arbitration agreement; (b) by commencing a proceeding in a court or an administrative or arbitral tribunal of competent jurisdiction; or (c) if the other person or ship has settled with the person suffering the loss, by commencing or continuing a proceeding before a court or an administrative or arbitral tribunal of competent jurisdiction.
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Adjustment of settlement 19 The court or administrative or arbitral tribunal in which a proceeding is continued or commenced under paragraph 18(c) may deny the award of damages or adjust the amount awarded if it is not satisfied that the settlement was reasonable.
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Limitation period 20 (1) No claim may be made under section 18 later than one year after the date of judgment in the proceeding or the date of the settlement agreement. Claims not defeated (2) A claim under section 18 is not defeated by any period of limitation or prescription, or by any requirement for notice, that is applicable to the original claim in respect of which contribution or indemnity is sought.
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Last clear chance 21 This Part applies notwithstanding that a person who suffered a loss had the opportunity to avoid the loss and failed to do so.
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Contractual rights 22 The rights conferred by this Part on a person or ship that is found liable or that settles a claim are subject to any existing contract between that person or ship and a person from whom contribution or indemnity is claimed.
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Limitation period for claim or lien 23 (1) No action may be commenced later than two years after the loss or injury arose to enforce a claim or lien against a ship in collision or its owners in respect of any loss to another ship, its cargo or other property on board, or any loss of earnings of that other ship, or for damages for loss of life or personal injury suffered by any person on board that other ship, caused by the fault or neglect of the former ship, whether that ship is wholly or partly at fault or negligent. Extension of time by court (2) A court having jurisdiction to deal with an action referred to in subsection (1) (a) may, in accordance with the rules of court, extend the period referred to in that subsection to the extent and on the conditions that it thinks fit; and (b) shall, if satisfied that there has not during that period been a reasonable opportunity of arresting the ship within the jurisdiction of the court, or within the territorial waters of the country to which the claimant’s ship belongs or in which the claimant resides or has their principal place of business, extend that period to an extent sufficient to provide that reasonable opportunity. Definition of owner (3) In this section, owner , in relation to a ship, includes any person responsible for the navigation and management of the ship or any other person responsible for the fault or neglect of the ship.