GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 (a)
(a) any substances, materials and articles carried on board a ship as cargo, referred to in (i) to (vii) below: (i) oils, carried in bulk, as defined in regulation 1 of annex I to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended; (ii) noxious liquid substances, carried in bulk, as defined in regulation 1.10 of Annex II to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended, and those substances and mixtures provisionally categorized as falling in pollution category X, Y or Z in accordance with regulation 6.3 of the said Annex II; (iii) dangerous liquid substances carried in bulk listed in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, as amended, and the dangerous products for which the preliminary suitable conditions for the carriage have been prescribed by the Administration and port administrations involved in accordance with paragraph 1.1.6 of the Code; (iv) dangerous, hazardous and harmful substances, materials and articles in packaged form covered by the International Maritime Dangerous Goods Code, as amended; (v) liquefied gases as listed in chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, as amended, and the products for which preliminary suitable conditions for the carriage have been prescribed by the Administration and port administrations involved in accordance with paragraph 1.1.6 of the Code; (vi) liquid substances carried in bulk with a flashpoint not exceeding 60°C (measured by a closed-cup test); (vii) solid bulk materials possessing chemical hazards covered by the International Maritime Solid Bulk Cargoes Code, as amended, to the extent that these substances are also subject to the provisions of the International Maritime Dangerous Goods Code in effect in 1996, when carried in packaged form; and
Marine Liability Act — M-0.7 (i)
(i) oils, carried in bulk, as defined in regulation 1 of annex I to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended;
Marine Liability Act — M-0.7 (ii)
(ii) noxious liquid substances, carried in bulk, as defined in regulation 1.10 of Annex II to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended, and those substances and mixtures provisionally categorized as falling in pollution category X, Y or Z in accordance with regulation 6.3 of the said Annex II;
Marine Liability Act — M-0.7 (iii)
(iii) dangerous liquid substances carried in bulk listed in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, as amended, and the dangerous products for which the preliminary suitable conditions for the carriage have been prescribed by the Administration and port administrations involved in accordance with paragraph 1.1.6 of the Code;
Marine Liability Act — M-0.7 (iv)
(iv) dangerous, hazardous and harmful substances, materials and articles in packaged form covered by the International Maritime Dangerous Goods Code, as amended;
Marine Liability Act — M-0.7 (v)
(v) liquefied gases as listed in chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, as amended, and the products for which preliminary suitable conditions for the carriage have been prescribed by the Administration and port administrations involved in accordance with paragraph 1.1.6 of the Code;
Marine Liability Act — M-0.7 (vi)
(vi) liquid substances carried in bulk with a flashpoint not exceeding 60°C (measured by a closed-cup test);
Marine Liability Act — M-0.7 (vii)
(vii) solid bulk materials possessing chemical hazards covered by the International Maritime Solid Bulk Cargoes Code, as amended, to the extent that these substances are also subject to the provisions of the International Maritime Dangerous Goods Code in effect in 1996, when carried in packaged form; and
Marine Liability Act — M-0.7 (b)
(b) residues from the previous carriage in bulk of substances referred to in (a)(i) to (iii) and (v) to (vii) above.
Marine Liability Act — M-0.7 5
5 bis Bulk HNS means any hazardous and noxious substances referred to in article 1, paragraph 5(a)(i) to (iii) and (v) to (vii) and paragraph 5(b).
Marine Liability Act — M-0.7 5
5 ter Packaged HNS means any hazardous and noxious substances referred to in article 1, paragraph 5(a)(iv).
Marine Liability Act — M-0.7 6
6 Damage means: (a) loss of life or personal injury on board or outside the ship carrying the hazardous and noxious substances caused by those substances; (b) loss of or damage to property outside the ship carrying the hazardous and noxious substances caused by those substances; (c) loss or damage by contamination of the environment caused by the hazardous and noxious substances, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and (d) the costs of preventive measures and further loss or damage caused by preventive measures. Where it is not reasonably possible to separate damage caused by the hazardous and noxious substances from that caused by other factors, all such damage shall be deemed to be caused by the hazardous and noxious substances except if, and to the extent that, the damage caused by other factors is damage of a type referred to in article 4, paragraph 3. In this paragraph, caused by those substances means caused by the hazardous or noxious nature of the substances.
Marine Liability Act — M-0.7 (a)
(a) loss of life or personal injury on board or outside the ship carrying the hazardous and noxious substances caused by those substances;
Marine Liability Act — M-0.7 (b)
(b) loss of or damage to property outside the ship carrying the hazardous and noxious substances caused by those substances;
Marine Liability Act — M-0.7 (c)
(c) loss or damage by contamination of the environment caused by the hazardous and noxious substances, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and
Marine Liability Act — M-0.7 (d)
(d) the costs of preventive measures and further loss or damage caused by preventive measures.
Marine Liability Act — M-0.7
Where it is not reasonably possible to separate damage caused by the hazardous and noxious substances from that caused by other factors, all such damage shall be deemed to be caused by the hazardous and noxious substances except if, and to the extent that, the damage caused by other factors is damage of a type referred to in article 4, paragraph 3.
Marine Liability Act — M-0.7
In this paragraph, caused by those substances means caused by the hazardous or noxious nature of the substances.
Marine Liability Act — M-0.7 7
7 Preventive measures means any reasonable measures taken by any person after an incident has occurred to prevent or minimize damage.
Marine Liability Act — M-0.7 8
8 Incident means any occurrence or series of occurrences having the same origin, which causes damage or creates a grave and imminent threat of causing damage.
Marine Liability Act — M-0.7 9
9 Carriage by sea means the period from the time when the hazardous and noxious substances enter any part of the ship’s equipment, on loading, to the time they cease to be present in any part of the ship’s equipment, on discharge. If no ship’s equipment is used, the period begins and ends respectively when the hazardous and noxious substances cross the ship’s rail.
Marine Liability Act — M-0.7 10
10 Contributing cargo means any bulk HNS which is carried by sea as cargo to a port or terminal in the territory of a State Party and discharged in that State. Cargo in transit which is transferred directly, or through a port or terminal, from one ship to another, either wholly or in part, in the course of carriage from the port or terminal of original loading to the port or terminal of final destination shall be considered as contributing cargo only in respect of receipt at the final destination.
Marine Liability Act — M-0.7 11
11 The HNS Fund means the International Hazardous and Noxious Substances Fund established under article 13.
Marine Liability Act — M-0.7 12
12 Unit of account means the Special Drawing Right as defined by the International Monetary Fund.
Marine Liability Act — M-0.7 13
13 State of the ship’s registry means in relation to a registered ship the State of registration of the ship, and in relation to an unregistered ship the State whose flag the ship is entitled to fly.
Marine Liability Act — M-0.7 14
14 Terminal means any site for the storage of hazardous and noxious substances received from waterborne transportation, including any facility situated off-shore and linked by pipeline or otherwise to such site.
Marine Liability Act — M-0.7 15
15 Director means the Director of the HNS Fund.
Marine Liability Act — M-0.7 16
16 Organization means the International Maritime Organization.
Marine Liability Act — M-0.7 17
17 Secretary-General means the Secretary-General of the Organization.
Marine Liability Act — M-0.7
The Annexes to this Convention shall constitute an integral part of this Convention.
Marine Liability Act — M-0.7 (a)
This Convention shall apply exclusively: (a) to any damage caused in the territory, including the territorial sea, of a State Party; (b) to damage by contamination of the environment caused in the exclusive economic zone of a State Party, established in accordance with international law, or, if a State Party has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured; (c) to damage, other than damage by contamination of the environment, caused outside the territory, including the territorial sea, of any State, if this damage has been caused by a substance carried on board a ship registered in a State Party or, in the case of an unregistered ship, on board a ship entitled to fly the flag of a State Party; and (d) to preventive measures, wherever taken, to prevent or minimize such damage as referred to in (a), (b) and (c) above.
Marine Liability Act — M-0.7 (a)
(a) to any damage caused in the territory, including the territorial sea, of a State Party;
Marine Liability Act — M-0.7 (b)
(b) to damage by contamination of the environment caused in the exclusive economic zone of a State Party, established in accordance with international law, or, if a State Party has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured;
Marine Liability Act — M-0.7 (c)
(c) to damage, other than damage by contamination of the environment, caused outside the territory, including the territorial sea, of any State, if this damage has been caused by a substance carried on board a ship registered in a State Party or, in the case of an unregistered ship, on board a ship entitled to fly the flag of a State Party; and
Marine Liability Act — M-0.7 (d)
(d) to preventive measures, wherever taken, to prevent or minimize such damage as referred to in (a), (b) and (c) above.
Marine Liability Act — M-0.7 1
1 This Convention shall apply to claims, other than claims arising out of any contract for the carriage of goods and passengers, for damage arising from the carriage of hazardous and noxious substances by sea.
Marine Liability Act — M-0.7 2
2 This Convention shall not apply to the extent that its provisions are incompatible with those of the applicable law relating to workers’ compensation or social security schemes.
Marine Liability Act — M-0.7 3
3 This Convention shall not apply: (a) to pollution damage as defined in the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended, whether or not compensation is payable in respect of it under that Convention; and (b) to damage caused by a radioactive material of class 7 either in the International Maritime Dangerous Goods Code, as amended, or in the International Maritime Solid Bulk Cargoes Code, as amended.
Marine Liability Act — M-0.7 (a)
(a) to pollution damage as defined in the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended, whether or not compensation is payable in respect of it under that Convention; and
Marine Liability Act — M-0.7 (b)
(b) to damage caused by a radioactive material of class 7 either in the International Maritime Dangerous Goods Code, as amended, or in the International Maritime Solid Bulk Cargoes Code, as amended.
Marine Liability Act — M-0.7 4
4 Except as provided in paragraph 5, the provisions of this Convention shall not apply to warships, naval auxiliary or other ships owned or operated by a State and used, for the time being, only on Government non-commercial service.
Marine Liability Act — M-0.7 5
5 A State Party may decide to apply this Convention to its warships or other vessels described in paragraph 4, in which case it shall notify the Secretary-General thereof specifying the terms and conditions of such application.
Marine Liability Act — M-0.7 6
6 With respect to ships owned by a State Party and used for commercial purposes, each State shall be subject to suit in the jurisdictions set forth in article 38 and shall waive all defences based on its status as a sovereign State.
Marine Liability Act — M-0.7 1
1 A State may, at the time of ratification, acceptance, approval of, or accession to, this Convention, or any time thereafter, declare that this Convention does not apply to ships: (a) which do not exceed 200 gross tonnage; and (b) which carry hazardous and noxious substances only in packaged form; and (c) while they are engaged on voyages between ports or facilities of that State.
Marine Liability Act — M-0.7 (a)
(a) which do not exceed 200 gross tonnage; and
Marine Liability Act — M-0.7 (b)
(b) which carry hazardous and noxious substances only in packaged form; and
Marine Liability Act — M-0.7 (c)
(c) while they are engaged on voyages between ports or facilities of that State.
Marine Liability Act — M-0.7 2
2 Where two neighbouring States agree that this Convention does not apply also to ships which are covered by paragraph 1(a) and (b) while engaged on voyages between ports or facilities of those States, the States concerned may declare that the exclusion from the application of this Convention declared under paragraph 1 covers also ships referred to in this paragraph.
Marine Liability Act — M-0.7 3
3 Any State which has made the declaration under paragraph 1 or 2 may withdraw such declaration at any time.
Marine Liability Act — M-0.7 4
4 A declaration made under paragraph 1 or 2, and the withdrawal of the declaration made under paragraph 3, shall be deposited with the Secretary-General who shall, after the entry into force of this Convention, communicate it to the Director.
Marine Liability Act — M-0.7 5
5 The HNS Fund is not liable to pay compensation for damage caused by substances carried by a ship to which the Convention does not apply pursuant to a declaration made under paragraph 1 or 2, to the extent that: (a) the damage as defined in article 1, paragraph 6(a), (b) or (c) was caused in: (i) the territory, including the territorial sea, of the State which has made the declaration, or in the case of neighbouring States which have made a declaration under paragraph 2, of either of them; or (ii) the exclusive economic zone, or area mentioned in article 3(b), of the State or States referred to in (i); (b) the damage includes measures taken to prevent or minimize such damage.
Marine Liability Act — M-0.7 (a)
(a) the damage as defined in article 1, paragraph 6(a), (b) or (c) was caused in: (i) the territory, including the territorial sea, of the State which has made the declaration, or in the case of neighbouring States which have made a declaration under paragraph 2, of either of them; or (ii) the exclusive economic zone, or area mentioned in article 3(b), of the State or States referred to in (i);
Marine Liability Act — M-0.7 (i)
(i) the territory, including the territorial sea, of the State which has made the declaration, or in the case of neighbouring States which have made a declaration under paragraph 2, of either of them; or
Marine Liability Act — M-0.7 (ii)
(ii) the exclusive economic zone, or area mentioned in article 3(b), of the State or States referred to in (i);
Marine Liability Act — M-0.7 (b)
(b) the damage includes measures taken to prevent or minimize such damage.
Marine Liability Act — M-0.7 1
1 Except as provided in paragraphs 2 and 3, the owner at the time of an incident shall be liable for damage caused by any hazardous and noxious substances in connection with their carriage by sea on board the ship, provided that if an incident consists of a series of occurrences having the same origin the liability shall attach to the owner at the time of the first of such occurrences.
Marine Liability Act — M-0.7 2
2 No liability shall attach to the owner if the owner proves that: (a) the damage resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or (b) the damage was wholly caused by an act or omission done with the intent to cause damage by a third party; or (c) the damage was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function; or (d) the failure of the shipper or any other person to furnish information concerning the hazardous and noxious nature of the substances shipped either: (i) has caused the damage, wholly or partly; or (ii) has led the owner not to obtain insurance in accordance with article 12; provided that neither the owner nor its servants or agents knew or ought reasonably to have known of the hazardous and noxious nature of the substances shipped.
Marine Liability Act — M-0.7 (c)
(c) the damage was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function; or
Marine Liability Act — M-0.7 (d)
(d) the failure of the shipper or any other person to furnish information concerning the hazardous and noxious nature of the substances shipped either: (i) has caused the damage, wholly or partly; or (ii) has led the owner not to obtain insurance in accordance with article 12; provided that neither the owner nor its servants or agents knew or ought reasonably to have known of the hazardous and noxious nature of the substances shipped.
Marine Liability Act — M-0.7 (i)
(i) has caused the damage, wholly or partly; or
Marine Liability Act — M-0.7 (ii)
(ii) has led the owner not to obtain insurance in accordance with article 12;
Marine Liability Act — M-0.7
provided that neither the owner nor its servants or agents knew or ought reasonably to have known of the hazardous and noxious nature of the substances shipped.
Marine Liability Act — M-0.7 3
3 If the owner proves that the damage resulted wholly or partly either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the owner may be exonerated wholly or partially from liability to such person.
Marine Liability Act — M-0.7 4
4 No claim for compensation for damage shall be made against the owner otherwise than in accordance with this Convention.
Marine Liability Act — M-0.7 5
5 Subject to paragraph 6, no claim for compensation for damage under this Convention or otherwise may be made against: (a) the servants or agents of the owner or the members of the crew; (b) the pilot or any other person who, without being a member of the crew, performs services for the ship; (c) any charterer (howsoever described, including a bareboat charterer), manager or operator of the ship; (d) any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority; (e) any person taking preventive measures; and (f) the servants or agents of persons mentioned in (c), (d) and (e); unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
Marine Liability Act — M-0.7 (e)
(e) any person taking preventive measures; and
Marine Liability Act — M-0.7 (f)
(f) the servants or agents of persons mentioned in (c), (d) and (e);
Marine Liability Act — M-0.7 6
6 Nothing in this Convention shall prejudice any existing right of recourse of the owner against any third party, including, but not limited to, the shipper or the receiver of the substance causing the damage, or the persons indicated in paragraph 5.
Marine Liability Act — M-0.7 1
1 Whenever damage has resulted from an incident involving two or more ships each of which is carrying hazardous and noxious substances, each owner, unless exonerated under article 7, shall be liable for the damage. The owners shall be jointly and severally liable for all such damage which is not reasonably separable.
Marine Liability Act — M-0.7 2
2 However, owners shall be entitled to the limits of liability applicable to each of them under article 9.
Marine Liability Act — M-0.7 3
3 Nothing in this article shall prejudice any right of recourse of an owner against any other owner.
Marine Liability Act — M-0.7 1
1 The owner of a ship shall be entitled to limit liability under this Convention in respect of any one incident to an aggregate amount calculated as follows: (a) Where the damage has been caused by bulk HNS: (i) 10 million units of account for a ship not exceeding 2,000 units of tonnage; and (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each unit of tonnage from 2,001 to 50,000 units of tonnage, 1,500 units of account; for each unit of tonnage in excess of 50,000 units of tonnage, 360 units of account; provided, however, that this aggregate amount shall not in any event exceed 100 million units of account. (b) Where the damage has been caused by packaged HNS, or where the damage has been caused by both bulk HNS and packaged HNS, or where it is not possible to determine whether the damage originating from that ship has been caused by bulk HNS or by packaged HNS: (i) 11.5 million units of account for a ship not exceeding 2,000 units of tonnage; and (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each unit of tonnage from 2,001 to 50,000 units of tonnage, 1,725 units of account; for each unit of tonnage in excess of 50,000 units of tonnage, 414 units of account; provided, however, that this aggregate amount shall not in any event exceed 115 million units of account.
Marine Liability Act — M-0.7 (a)
(a) Where the damage has been caused by bulk HNS: (i) 10 million units of account for a ship not exceeding 2,000 units of tonnage; and (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each unit of tonnage from 2,001 to 50,000 units of tonnage, 1,500 units of account; for each unit of tonnage in excess of 50,000 units of tonnage, 360 units of account; provided, however, that this aggregate amount shall not in any event exceed 100 million units of account.
Marine Liability Act — M-0.7 (i)
(i) 10 million units of account for a ship not exceeding 2,000 units of tonnage; and