GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7
Where a person entitled to limitation of liability under the rules of this Convention has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this Convention shall only apply to the balance, if any.
Marine Liability Act — M-0.7 1
1 The limits of liability for claims other than those mentioned in article 7, arising on any distinct occasion, shall be calculated as follows: (a) in respect of claims for loss of life or personal injury, (i) 3.02 million Units of Account for a ship with a tonnage not exceeding 2,000 tons, (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 1,208 Units of Account; for each ton from 30,001 to 70,000 tons, 906 Units of Account; and for each ton in excess of 70,000 tons, 604 Units of Account, (b) in respect of any other claims, (i) 1.51 million Units of Account for a ship with a tonnage not exceeding 2,000 tons, (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 604 Units of Account; for each ton from 30,001 to 70,000 tons, 453 Units of Account; and for each ton in excess of 70,000 tons, 302 Units of Account.
Marine Liability Act — M-0.7 (a)
(a) in respect of claims for loss of life or personal injury, (i) 3.02 million Units of Account for a ship with a tonnage not exceeding 2,000 tons, (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 1,208 Units of Account; for each ton from 30,001 to 70,000 tons, 906 Units of Account; and for each ton in excess of 70,000 tons, 604 Units of Account,
Marine Liability Act — M-0.7 (i)
(i) 3.02 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,
Marine Liability Act — M-0.7 (ii)
(ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 1,208 Units of Account; for each ton from 30,001 to 70,000 tons, 906 Units of Account; and for each ton in excess of 70,000 tons, 604 Units of Account,
Marine Liability Act — M-0.7
for each ton from 2,001 to 30,000 tons, 1,208 Units of Account;
Marine Liability Act — M-0.7
for each ton from 30,001 to 70,000 tons, 906 Units of Account; and
Marine Liability Act — M-0.7
for each ton in excess of 70,000 tons, 604 Units of Account,
Marine Liability Act — M-0.7 (b)
(b) in respect of any other claims, (i) 1.51 million Units of Account for a ship with a tonnage not exceeding 2,000 tons, (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 604 Units of Account; for each ton from 30,001 to 70,000 tons, 453 Units of Account; and for each ton in excess of 70,000 tons, 302 Units of Account.
Marine Liability Act — M-0.7 (i)
(i) 1.51 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,
Marine Liability Act — M-0.7 (ii)
(ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 604 Units of Account; for each ton from 30,001 to 70,000 tons, 453 Units of Account; and for each ton in excess of 70,000 tons, 302 Units of Account.
Marine Liability Act — M-0.7
for each ton from 2,001 to 30,000 tons, 604 Units of Account;
Marine Liability Act — M-0.7
for each ton from 30,001 to 70,000 tons, 453 Units of Account; and
Marine Liability Act — M-0.7
for each ton in excess of 70,000 tons, 302 Units of Account.
Marine Liability Act — M-0.7 2
2 Where the amount calculated in accordance with paragraph 1(a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with paragraph 1(b) shall be available for payment of the unpaid balance of claims under paragraph 1(a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1(b).
Marine Liability Act — M-0.7 3
3 However, without prejudice to the right of claims for loss of life or personal injury according to paragraph 2, a State Party may provide in its national law that claims in respect of damage to harbour works, basins and waterways and aids to navigation shall have such priority over other claims under paragraph 1(b) as is provided by that law.
Marine Liability Act — M-0.7 4
4 The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to or in respect of which he is rendering salvage services, shall be calculated according to a tonnage of 1,500 tons.
Marine Liability Act — M-0.7 5
5 For the purpose of this Convention the ship’s tonnage shall be 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.
Marine Liability Act — M-0.7 1
1 In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of 175,000 Units of Account multiplied by the number of passengers which the ship is authorized to carry according to the ship’s certificate.
Marine Liability Act — M-0.7 2
2 For the purpose of this Article claims for loss of life or personal injury to passengers of a ship shall mean any such claims brought by or on behalf of any person carried in that ship: (a) under a contract of passenger carriage, or (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods.
Marine Liability Act — M-0.7 (a)
(a) under a contract of passenger carriage, or
Marine Liability Act — M-0.7 (b)
(b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods.
Marine Liability Act — M-0.7 1
1 The Unit of Account referred to in Articles 6 and 7 is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in Articles 6 and 7 shall be converted into the national currency of the State in which limitation is sought, according to the value of that currency at the date the limitation fund shall have been constituted, payment is made, or security is given which under the law of that State is equivalent to such payment. The value of a national currency in terms of the Special Drawing Right, of a State Party which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The value of a national currency in terms of the Special Drawing Right, of a State Party which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State Party.
Marine Liability Act — M-0.7 2
2 Nevertheless, those States which are not members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 1 may, at the time of signature without reservation as to ratification, acceptance or approval or at the time of ratification, acceptance, approval or accession or at any time thereafter, declare that the limits of liability provided for in this Convention to be applied in their territories shall be fixed as follows: (a) in respect of article 6, paragraph 1(a) at an amount of: (i) 30 million monetary units for a ship with a tonnage not exceeding 2,000 tons; (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 12,000 monetary units; for each ton from 30,001 to 70,000 tons, 9,000 monetary units; and for each ton in excess of 70,000 tons, 6,000 monetary units; and (b) in respect of article 6, paragraph 1(b), at an amount of: (i) 15 million monetary units for a ship with a tonnage not exceeding 2,000 tons; (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 6,000 monetary units; for each ton from 30,001 to 70,000 tons, 4,500 monetary units; and for each ton in excess of 70,000 tons, 3,000 monetary units; and (c) in respect of article 7, paragraph 1, at an amount of 2,625,000 monetary units multiplied by the number of passengers which the ship is authorized to carry according to its certificate. Paragraphs 2 and 3 of Article 6 apply correspondingly to subparagraphs (a) and (b) of this paragraph.
Marine Liability Act — M-0.7 (a)
(a) in respect of article 6, paragraph 1(a) at an amount of: (i) 30 million monetary units for a ship with a tonnage not exceeding 2,000 tons; (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 12,000 monetary units; for each ton from 30,001 to 70,000 tons, 9,000 monetary units; and for each ton in excess of 70,000 tons, 6,000 monetary units; and
Marine Liability Act — M-0.7 (i)
(i) 30 million monetary units for a ship with a tonnage not exceeding 2,000 tons;
Marine Liability Act — M-0.7 (ii)
(ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 12,000 monetary units; for each ton from 30,001 to 70,000 tons, 9,000 monetary units; and for each ton in excess of 70,000 tons, 6,000 monetary units; and
Marine Liability Act — M-0.7
for each ton from 2,001 to 30,000 tons, 12,000 monetary units;
Marine Liability Act — M-0.7
for each ton from 30,001 to 70,000 tons, 9,000 monetary units; and
Marine Liability Act — M-0.7
for each ton in excess of 70,000 tons, 6,000 monetary units; and
Marine Liability Act — M-0.7 (b)
(b) in respect of article 6, paragraph 1(b), at an amount of: (i) 15 million monetary units for a ship with a tonnage not exceeding 2,000 tons; (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 6,000 monetary units; for each ton from 30,001 to 70,000 tons, 4,500 monetary units; and for each ton in excess of 70,000 tons, 3,000 monetary units; and
Marine Liability Act — M-0.7 (i)
(i) 15 million monetary units for a ship with a tonnage not exceeding 2,000 tons;
Marine Liability Act — M-0.7 (ii)
(ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 6,000 monetary units; for each ton from 30,001 to 70,000 tons, 4,500 monetary units; and for each ton in excess of 70,000 tons, 3,000 monetary units; and
Marine Liability Act — M-0.7
for each ton from 2,001 to 30,000 tons, 6,000 monetary units;
Marine Liability Act — M-0.7
for each ton from 30,001 to 70,000 tons, 4,500 monetary units; and
Marine Liability Act — M-0.7
for each ton in excess of 70,000 tons, 3,000 monetary units; and
Marine Liability Act — M-0.7 (c)
(c) in respect of article 7, paragraph 1, at an amount of 2,625,000 monetary units multiplied by the number of passengers which the ship is authorized to carry according to its certificate. Paragraphs 2 and 3 of Article 6 apply correspondingly to subparagraphs (a) and (b) of this paragraph.
Marine Liability Act — M-0.7
Paragraphs 2 and 3 of Article 6 apply correspondingly to subparagraphs (a) and (b) of this paragraph.
Marine Liability Act — M-0.7 3
3 The monetary unit referred to in paragraph 2 corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. The conversion of the amounts referred to in paragraph 2 into the national currency shall be made according to the law of the State concerned.
Marine Liability Act — M-0.7 4
4 The calculation mentioned in the last sentence of paragraph 1 and the conversion mentioned in paragraph 3 shall be made in such a manner as to express in the national currency of the State Party as far as possible the same real value for the amounts in Articles 6 and 7 as is expressed there in units of account. States Parties shall communicate to the depositary the manner of calculation pursuant to paragraph 1, or the result of the conversion in paragraph 3, as the case may be, at the time of the signature without reservation as to ratification, acceptance or approval, or when depositing an instrument referred to in Article 16 and whenever there is a change in either.
Marine Liability Act — M-0.7 1
1 The limits of liability determined in accordance with Article 6 shall apply to the aggregate of all claims which arise on any distinct occasion: (a) against the person or persons mentioned in paragraph 2 of Article 1 and any person for whose act, neglect or default he or they are responsible; or (b) against the shipowner of a ship rendering salvage services from that ship and the salvor or salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or (c) against the salvor or salvors who are not operating from a ship or who are operating solely on the ship to or in respect of which the salvage services are rendered and any person for whose act, neglect or default he or they are responsible.
Marine Liability Act — M-0.7 (a)
(a) against the person or persons mentioned in paragraph 2 of Article 1 and any person for whose act, neglect or default he or they are responsible; or
Marine Liability Act — M-0.7 (b)
(b) against the shipowner of a ship rendering salvage services from that ship and the salvor or salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or
Marine Liability Act — M-0.7 (c)
(c) against the salvor or salvors who are not operating from a ship or who are operating solely on the ship to or in respect of which the salvage services are rendered and any person for whose act, neglect or default he or they are responsible.
Marine Liability Act — M-0.7 2
2 The limits of liability determined in accordance with Article 7 shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the person or persons mentioned in paragraph 2 of Article 1 in respect of the ship referred to in Article 7 and any person for whose act, neglect or default he or they are responsible.
Marine Liability Act — M-0.7 1
1 Limitation of liability may be invoked notwithstanding that a limitation fund as mentioned in Article 11 has not been constituted. However, a State Party may provide in its national law that, where an action is brought in its Courts to enforce a claim subject to limitation, a person liable may only invoke the right to limit liability if a limitation fund has been constituted in accordance with the provisions of this Convention or is constituted when the right to limit liability is invoked.
Marine Liability Act — M-0.7 2
2 If limitation of liability is invoked without the constitution of a limitation fund, the provisions of Article 12 shall apply correspondingly.
Marine Liability Act — M-0.7 3
3 Questions of procedure arising under the rules of this Article shall be decided in accordance with the national law of the State Party in which action is brought.
Marine Liability Act — M-0.7 1
1 Any person alleged to be liable may constitute a fund with the Court or other competent authority in any State Party in which legal proceedings are instituted in respect of claims subject to limitation. The fund shall be constituted in the sum of such of the amounts set out in Articles 6 and 7 as are applicable to claims for which that person may be liable, together with interest thereon from the date of the occurrence giving rise to the liability until the date of the constitution of the fund. Any fund thus constituted shall be available only for the payment of claims in respect of which limitation of liability can be invoked.
Marine Liability Act — M-0.7 2
2 A fund may be constituted, either by depositing the sum, or by producing a guarantee acceptable under the legislation of the State Party where the fund is constituted and considered to be adequate by the Court or other competent authority.
Marine Liability Act — M-0.7 3
3 A fund constituted by one of the persons mentioned in paragraph 1(a), (b) or (c) or paragraph 2 of Article 9 or his insurer shall be deemed constituted by all persons mentioned in paragraph 1(a), (b) or (c) or paragraph 2, respectively.
Marine Liability Act — M-0.7 1
1 Subject to the provisions of paragraphs 1, 2 and 3 of Article 6 and of Article 7, the fund shall be distributed among the claimants in proportion to their established claims against the fund.
Marine Liability Act — M-0.7 2
2 If, before the fund is distributed, the person liable, or his insurer, has settled a claim against the fund such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Convention.
Marine Liability Act — M-0.7 3
3 The right of subrogation provided for in paragraph 2 may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they may have paid, but only to the extent that such subrogation is permitted under the applicable national law.
Marine Liability Act — M-0.7 4
4 Where the person liable or any other person establishes that he may be compelled to pay, at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation pursuant to paragraphs 2 and 3 had the compensation been paid before the fund was distributed, the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund.
Marine Liability Act — M-0.7 1
1 Where a limitation fund has been constituted in accordance with Article 11, any person having made a claim against the fund shall be barred from exercising any right in respect of such claim against any other assets of a person by or on behalf of whom the fund has been constituted.
Marine Liability Act — M-0.7 2
2 After a limitation fund has been constituted in accordance with Article 11, any ship or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached within the jurisdiction of a State Party for a claim which may be raised against the fund, or any security given, may be released by order of the Court or other competent authority of such State. However, such release shall always be ordered if the limitation fund has been constituted: (a) at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter; or (b) at the port of disembarkation in respect of claims for loss of life or personal injury; or (c) at the port of discharge in respect of damage to cargo; or (d) in the State where the arrest is made.
Marine Liability Act — M-0.7 (a)
(a) at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter; or
Marine Liability Act — M-0.7 (b)
(b) at the port of disembarkation in respect of claims for loss of life or personal injury; or
Marine Liability Act — M-0.7 (c)
(c) at the port of discharge in respect of damage to cargo; or
Marine Liability Act — M-0.7 (d)
(d) in the State where the arrest is made.
Marine Liability Act — M-0.7 3
3 The rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim against the limitation fund before the Court administering that fund and the fund is actually available and freely transferable in respect of that claim.
Marine Liability Act — M-0.7
Subject to the provisions of this Chapter the rules relating to the constitution and distribution of a limitation fund, and all rules of procedure in connexion therewith, shall be governed by the law of the State Party in which the fund is constituted.
Marine Liability Act — M-0.7 1
1 This Convention shall apply whenever any person referred to in Article 1 seeks to limit his liability before the Court of a State Party or seeks to procure the release of a ship or other property or the discharge of any security given within the jurisdiction of any such State. Nevertheless, each State Party may exclude wholly or partially from the application of this Convention any person referred to in Article 1 who at the time when the rules of this Convention are invoked before the Courts of that State does not have his habitual residence in a State Party or does not have his principal place of business in a State Party or any ship in relation to which the right of limitation is invoked or whose release is sought and which does not at the time specified above fly the flag of a State Party.
Marine Liability Act — M-0.7 2
2 A State Party may regulate by specific provisions of national law the system of limitation of liability to be applied to vessels which are: (a) according to the law of that State, ships intended for navigation on inland waterways; (b) ships of less than 300 tons. A State Party which makes use of the option provided for in this paragraph shall inform the depositary of the limits of liability adopted in its national legislation or of the fact that there are none.
Marine Liability Act — M-0.7 (a)
(a) according to the law of that State, ships intended for navigation on inland waterways;
Marine Liability Act — M-0.7 (b)
(b) ships of less than 300 tons. A State Party which makes use of the option provided for in this paragraph shall inform the depositary of the limits of liability adopted in its national legislation or of the fact that there are none.
Marine Liability Act — M-0.7
A State Party which makes use of the option provided for in this paragraph shall inform the depositary of the limits of liability adopted in its national legislation or of the fact that there are none.
Marine Liability Act — M-0.7 3
3 A State Party may regulate by specific provisions of national law the system of limitation of liability to be applied to claims arising in cases in which interests of persons who are nationals of other States Parties are in no way involved.
Marine Liability Act — M-0.7
3 bis . Notwithstanding the limit of liability prescribed in paragraph 1 of Article 7, a State Party may regulate by specific provisions of national law the system of liability to be applied to claims for loss of life or personal injury to passengers of a ship, provided that the limit of liability is not lower than that prescribed in paragraph 1 of Article 7. A State Party which makes use of the option provided for in this paragraph shall inform the Secretary-General of the limits of liability adopted or of the fact that there are none.
Marine Liability Act — M-0.7 4
4 The Courts of a State Party shall not apply this Convention to ships constructed for, or adapted to, and engaged in, drilling: (a) when that State has established under its national legislation a higher limit of liability than that otherwise provided for in Article 6; or (b) when that State has become party to an international convention regulating the system of liability in respect of such ships. In a case to which sub-paragraph (a) applies that State Party shall inform the depositary accordingly.
Marine Liability Act — M-0.7 (a)
(a) when that State has established under its national legislation a higher limit of liability than that otherwise provided for in Article 6; or
Marine Liability Act — M-0.7 (b)
(b) when that State has become party to an international convention regulating the system of liability in respect of such ships. In a case to which sub-paragraph (a) applies that State Party shall inform the depositary accordingly.
Marine Liability Act — M-0.7
In a case to which sub-paragraph (a) applies that State Party shall inform the depositary accordingly.