GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 82
Registration of foreign judgment 82 (1) If a foreign judgment is rendered, the judgment creditor may, at any time during which it is enforceable under the law of the state in which it is rendered, apply to the Admiralty Court in accordance with its rules to have the foreign judgment registered in that Court. Court may register foreign judgment (2) The Admiralty Court may, subject to subsections (3) and (4) and section 85 , order the registration of the foreign judgment if it is satisfied (a) that a case for registration has been made; and (b) that the foreign judgment is not under appeal and is no longer subject to appeal under the law of the state in which it was rendered. If judgment debtor appears (3) If, in accordance with the Admiralty Court’s rules, the judgment debtor appears at the hearing of the application for registration, that Court may not order the registration of the foreign judgment if it is satisfied that (a) the foreign judgment has been fully satisfied; (b) the foreign court acted without jurisdiction; (c) the foreign judgment was obtained by fraud; or (d) the defendant in the foreign action was not given reasonable notice and a fair opportunity to present their case. If judgment partly satisfied (4) If the Admiralty Court is satisfied that the foreign judgment has been partly satisfied, it shall order the foreign judgment to be registered only in respect of the balance remaining payable. 2001, c. 6, s. 82; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 83
Pre-registration interest 83 For the purpose of section 82 , a foreign judgment includes any interest, up to the date of registration, that has accrued on it under the law of the state in which it was rendered. 2001, c. 6, s. 83; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 84
Costs 84 Reasonable costs incurred by the judgment creditor related to the registration of the foreign judgment, including the cost of obtaining an exemplification or certified copy of it from the foreign court, are recoverable in the same manner as if they were amounts payable under the foreign judgment, and the costs are to be taxed by an Admiralty Court’s assessment officer and the assessment endorsed on the order for registration. 2001, c. 6, s. 84; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 85
Conversion to Canadian currency 85 (1) A foreign judgment expressed in a currency other than Canadian currency may not be registered under section 82 until the Admiralty Court determines the equivalent amount in Canadian currency on the basis of the rate of exchange prevailing on the day on which the foreign judgment is rendered, as that rate is ascertained from any bank in Canada, and, for the purpose of making that determination, that Court may require the judgment creditor to provide any evidence of the applicable rate of exchange that that Court considers necessary. Registered judgment to be in Canadian currency (2) When the equivalent amount in Canadian currency is determined, the Admiralty Court shall certify on the order for registration the amount so determined, and the foreign judgment, when registered, is deemed to be a judgment for payment of the amount so certified. 2001, c. 6, s. 85; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 86
Effect of registration 86 Subject to section 87 , a foreign judgment registered under section 82 has, as of the date of registration, the same force and effect as a judgment of the Admiralty Court’s rendered on that date. 2001, c. 6, s. 86; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 87
Service of notice of registration 87 If a foreign judgment is registered under section 82 after an ex parte hearing, execution of the registered judgment may not issue until the expiry of 30 days after the day on which the judgment debtor is served with a notice of registration of the foreign judgment in the manner set out in the Admiralty Court’s rules for the service of originating documents. 2001, c. 6, s. 87; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 88
Application to set aside registration 88 (1) At any time after a foreign judgment is registered under section 82 , the judgment debtor may apply to the Admiralty Court, in accordance with its rules, to have the registration of the judgment set aside on any of the grounds set out in subsection (2). Grounds for setting aside registration (2) The Admiralty Court shall set aside the registration of the foreign judgment if it is satisfied that (a) the foreign judgment has been fully or partly satisfied; (b) the foreign court acted without jurisdiction; (c) the foreign judgment was obtained by fraud; (d) the defendant in the foreign action was not given reasonable notice and a fair opportunity to present their case; (e) the registration of the foreign judgment was obtained by fraud; (f) an error was made in the conversion of the foreign judgment to Canadian currency under section 85 ; (g) the registered judgment included interest on the foreign judgment to which the judgment creditor was not entitled; or (h) for any other reason, it erred in regis-tering the foreign judgment. Reduction of registered amount (3) If the Admiralty Court sets aside the registration of a foreign judgment on the ground that it has been partly satisfied, or on the ground referred to in paragraph (2)(f) or (g), it shall order the foreign judgment to be registered in the reduced amount. 2001, c. 6, s. 88, c. 27, s. 273.1; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 89
Application for stay of execution 89 (1) At any time after a foreign judgment is registered under section 82 , the judgment debtor may apply to the Admiralty Court, in accordance with its rules, to have the execution of the registered judgment stayed on the grounds that an application to set aside the registration has been made under subsection 88 (1), and, if that Court is satisfied that the application has been made, it may stay the execution of the judgment either absolutely or for the period and on the terms and conditions that it considers appropriate and may, on further evidence, vary or terminate a stay of execution. Grounds exclusive (2) Execution of a registered judgment may only be stayed on the grounds that an application to set aside the registration has been made under subsection 88 (1). 2001, c. 6, s. 89; 2003, c. 22, s. 225(E); 2009, c. 21, s. 11
Marine Liability Act — M-0.7 90
Governor in Council 90 The Governor in Council may make regulations (a) imposing a fee for the issuance of a certificate under section 56 or 74 ; (b) respecting conditions under which certif-icates may be issued, refused or revoked for the purposes of subsections 56(2) to (4); (c) respecting the form and content of the notice to be given under subsection 54 (1); (d) extending the application of the Bunkers Convention, within the meaning of subsection 47 (1), to ships or classes of ships excluded from the application of that Convention and specifying the terms and conditions that are applicable to those ships or classes of ships under Article 4 of that Convention; (e) providing that Article 7 of the Bunkers Convention, within the meaning of subsection 47 (1), does not apply to ships or classes of ships operating exclusively within the area referred to in Article 2(a)(i) of that Convention; (f) governing the performance of the functions of a person designated under subsection 74 (2); (g) respecting conditions under which certif-icates may be issued, refused or revoked for the purposes of subsections 74(3) to (5); and (h) generally for carrying out the purposes and provisions of this Part. 2001, c. 6, s. 90; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 91
Definitions 91 (1) The following definitions apply in this Part. discharge , in relation to oil, means a discharge of oil that directly or indirectly results in the oil entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. ( rejet ) in bulk means in a hold or tank that is part of a ship’s structure, without any intermediate form of containment. ( en vrac ) oil means oil of any kind or in any form and includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil. ( hydro­carbures ) oil pollution damage , in relation to a ship, means loss or damage outside the ship caused by contamination resulting from the discharge of oil from the ship. ( dommages dus à la pollution par les hydrocarbures ) owner (a) in relation to a ship subject to the Civil Liability Convention, has the same meaning as in Article I of that Convention; (b) in relation to a ship subject to the Bunkers Convention, has the same meaning as the definition Shipowner in Article 1 of that Convention; and (c) in relation to any other ship, means the person who has for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use. ( propriétaire ) receiver means a receiver as defined in paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention. ( réceptionnaire ) ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to its method of propulsion or lack of propulsion, and includes (a) a ship in the process of construction from the time that it is capable of floating; and (b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up. ( navire ) Ship-source Oil Pollution Fund means the Ship-source Oil Pollution Fund continued by section 92 . ( Caisse d’indemnisation ) significant incident means a discharge of oil that, due to its severity, size or location and to its impact — actual or potential — on the environment, requires extraordinary resources to respond to it. ( événement significatif ) Other definitions (2) In this Part, Bunkers Convention , Civil Liability Convention , Fund Convention , Hazardous and Noxious Substances Convention , HNS Fund , International Fund , Supplementary Fund and Supplementary Fund Protocol have the same meaning as in subsection 47(1). 2001, c. 6, s. 91; 2009, c. 21, s. 11; 2014, c. 29, s. 40; 2018, c. 27, s. 716
Marine Liability Act — M-0.7
discharge , in relation to oil, means a discharge of oil that directly or indirectly results in the oil entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. ( rejet )
Marine Liability Act — M-0.7
oil means oil of any kind or in any form and includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil. ( hydro­carbures )
Marine Liability Act — M-0.7
oil pollution damage , in relation to a ship, means loss or damage outside the ship caused by contamination resulting from the discharge of oil from the ship. ( dommages dus à la pollution par les hydrocarbures )
Marine Liability Act — M-0.7 (a)
owner (a) in relation to a ship subject to the Civil Liability Convention, has the same meaning as in Article I of that Convention; (b) in relation to a ship subject to the Bunkers Convention, has the same meaning as the definition Shipowner in Article 1 of that Convention; and (c) in relation to any other ship, means the person who has for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use. ( propriétaire )
Marine Liability Act — M-0.7
receiver means a receiver as defined in paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention. ( réceptionnaire )
Marine Liability Act — M-0.7
Ship-source Oil Pollution Fund means the Ship-source Oil Pollution Fund continued by section 92 . ( Caisse d’indemnisation )
Marine Liability Act — M-0.7
significant incident means a discharge of oil that, due to its severity, size or location and to its impact — actual or potential — on the environment, requires extraordinary resources to respond to it. ( événement significatif )
Marine Liability Act — M-0.7 92
Ship-source Oil Pollution Fund continued 92 (1) The account known as the Ship-source Oil Pollution Fund in the accounts of Canada is continued. Credits (2) The following shall be credited to the Ship-source Oil Pollution Fund: (a) all payments received under sections 114.1 and 114.2 and amounts recovered under section 115; (b) interest computed in accordance with section 93 ; (b.1) the amount of every sum credited to that Fund under section 93.1 or subsection 111(1) or 111.1(1), (2) or (3); (c) any amounts recovered by the Administrator under paragraph 106(3)(c) or 106.3(5)(b); (c.1) any amounts received by the Administrator further to the notice given under subsection 106.02(3) or paragraph 106.04(1)(b) or recovered under section 106.05; (d) any amounts received by the Administrator further to the notice given under subsection 106.4(3) or paragraph 106.6(1)(b) or recovered under section 106.7; and (e) interest computed in accordance with section 111.2. Charges (3) The following shall be charged to the Ship-source Oil Pollution Fund: (a) an amount equal to every amount required to repay, in accordance with any terms and conditions specified by the Minister of Finance, an amount charged to the Consolidated Revenue Fund under section 93.1; (a.1) all amounts that are directed to be paid under paragraph 106(3)(a) or 106.04(1)(c), subsection 106.3(4) or section 117 or under a settlement; (a.2) all amounts that are charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2); (b) all amounts for which the Administrator is liable under subsection 117.2(4); (c) all interest to be paid under section 116 ; (d) every amount paid out of the Consolidated Revenue Fund under subsection 98(1.2); and (e) [Repealed, 2023, c. 26, s. 332] (f) the amount of any judgment and any costs awarded against the Ship-source Oil Pollution Fund in litigation. 2001, c. 6, s. 92; 2009, c. 21, s. 11; 2018, c. 27, s. 717 2023, c. 26, s. 332
Marine Liability Act — M-0.7 93
Interest to be credited to Fund 93 The Minister of Finance shall, at the times that the Governor in Council directs, credit to the Ship-source Oil Pollution Fund interest at a rate fixed by the Governor in Council on the balance from time to time of that Fund. 2001, c. 6, s. 93; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 93.1
Consolidated Revenue Fund 93.1 If the amount to the credit of the Ship-source Oil Pollution Fund is insufficient to pay any amount that is charged to that Fund under any of paragraphs 92(3)(a) to (f), the Minister of Finance may, subject to any terms and conditions that he or she considers appropriate, direct that a sum equal to the amount required to be paid be charged to the Consolidated Revenue Fund and credited to the Ship-source Oil Pollution Fund. 2018, c. 27, s. 718
Marine Liability Act — M-0.7 94
Appointment of Administrator 94 (1) The Governor in Council may appoint an Administrator of the Ship-source Oil Pollution Fund to hold office during good behaviour for a term, not exceeding five years, that is fixed by the Governor in Council, subject to removal by the Governor in Council for cause. Reappointment of Administrator (2) The Administrator is eligible for reappointment on the expiry of his or her term of office. Continuation in office (3) If an Administrator is not appointed to take office on the expiry of the incumbent Administrator’s term, the incumbent continues to hold office until the earlier of the date fixed by the Governor in Council and the day on which a successor is appointed. 2001, c. 6, s. 94; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 95
Deputy Administrator 95 (1) The Governor in Council may appoint a Deputy Administrator of the Ship-source Oil Pollution Fund to hold office during good behaviour for a term, not exceeding five years, that is fixed by the Governor in Council, subject to removal by the Governor in Council for cause. Reappointment of Deputy Administrator (2) The Deputy Administrator is eligible for reappointment on the expiry of his or her term of office. 2001, c. 6, s. 95; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 96
Resignation 96 The resignation of an Administrator or Deputy Administrator becomes effective at the time that the Minister receives a written resignation from him or her or at the time specified in the resignation, whichever is later. 2001, c. 6, s. 96; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 97
Conflict of interest 97 (1) The Administrator or Deputy Administrator shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with his or her powers, duties and functions under this Part. Effect of contravention (2) If the Administrator or Deputy Administrator contravenes subsection (1), his or her appointment is terminated on a date fixed by the Governor in Council that is not later than 30 days after the day on which the notice of the contravention is received by the Minister, but the contravention does not affect the validity of any act performed by the Administrator or Deputy Administrator, as the case may be, under this Part between the date of the contravention and the date that the appointment is terminated. 2001, c. 6, s. 97; 2009, c. 21, s. 11; 2018, c. 27, s. 719
Marine Liability Act — M-0.7 98
Remuneration 98 (1) The Administrator and the Deputy Administrator are to be paid, for the exercise of their powers and the performance of their duties and functions, the remuneration fixed by the Governor in Council. Travelling, living and other expenses (1.1) The Administrator and the Deputy Administrator are to be paid, in accordance with Treasury Board directives, reasonable travel, living and other expenses incurred in exercising their powers or performing their duties and functions under this Part while absent from their ordinary place of work. Payment out of Consolidated Revenue Fund (1.2) On the direction of the Minister of Finance, the remuneration and expenses referred to in subsections (1) and (1.1) and all other costs and expenses incurred by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Part are to be paid out of the Consolidated Revenue Fund and charged to the Ship-source Oil Pollution Fund as provided for by paragraph 92(3)(d). Taxation (2) The Admiralty Court’s assessment officers may, at the Minister of Justice’s request, tax any account for costs and expenses, other than expenses referred to in subsection (1.1), incurred by the Administrator and the Deputy Administrator in exercising their powers or performing their duties and functions as if they were acting for Her Majesty in proceedings in that Court. 2001, c. 6, s. 98; 2009, c. 21, s. 11; 2018, c. 27, s. 719
Marine Liability Act — M-0.7 99
Deputy Administrator’s duties and functions 99 (1) The Deputy Administrator shall perform the duties and functions consistent with this Part that are assigned to him or her by the Administrator. Administrator’s absence or incapacity (2) If the Administrator is absent or incapac-itated or the office of Administrator is vacant, the Deputy Administrator has all the powers and duties of the Administrator. 2001, c. 6, s. 99; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 100
Professional and technical assistance 100 The Administrator may, for the purpose of fulfilling his or her functions, including performing his or her duties under this Part, obtain the professional, technical and other advice and assistance that he or she considers necessary. 2001, c. 6, s. 100; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 102
Action by Administrator 102 (1) If there is an occurrence that gives rise to the liability of an owner of a ship under section 51 , 71 or 77 , Article III of the Civil Liability Convention or Article 3 of the Bunkers Convention, (a) the Administrator may, either before or after receiving a claim under section 103 or 106.1, commence an action in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court; and (b) subject to subsection (3), the Administrator is entitled in any such action to claim security in an amount not less than the owner’s maximum aggregate liability determined in accordance with section 71 or 77 , or Article V of the Civil Liability Convention. Subrogation (2) The Administrator may continue the action only if he or she has become subrogated to the rights of the claimant under paragraph 106(3)(c) or 106.3(5)(b). Entitlement to claim security (3) The Administrator is not entitled to claim security under subsection (1) if (a) in the case of a ship within the meaning of Article I of the Civil Liability Convention, a fund has been constituted under subsection 52 (2); and (b) in the case of any other ship, a fund has been constituted under Article 11 of the Convention as defined in section 24. 2001, c. 6, s. 102; 2009, c. 21, s. 11; 2018, c. 27, s. 722
Marine Liability Act — M-0.7 104
Liability — exception 104 Sections 101 and 103 do not apply in respect of actual or anticipated oil pollution damage (a) on the territory or in the territorial sea or internal waters of a state, other than Canada, that is a party to the Civil Liability Convention or the Bunkers Convention; or (b) in the exclusive economic zone of a state referred to in paragraph (a) or, if the state has not established an exclusive economic zone, in an area beyond and adjacent to the territorial sea of that state and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured. 2001, c. 6, s. 104; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 105
Administrator’s duties 105 (1) On receipt of a claim under subsection 103(1) or (1.1), the Administrator shall investigate and assess it and shall (a) make an offer of compensation to the claimant for whatever portion of it that the Administrator finds to be established; or (b) disallow the claim and notify the claimant of its disallowance in writing. Administrators duties — future losses (1.1) On receipt of a claim under subsection 103(1.2), the Administrator shall investigate and assess it and shall (a) make an offer of compensation to the claimant for whatever portion of it that the Administrator finds to be established; (b) make an offer of compensation to the claimant on an interim payment schedule for whatever portion of it that the Administrator finds to be established and provide the dates for future payments; or (c) disallow the claim and notify the claimant of its disallowance in writing. Conditions (1.2) If the Administrator makes an offer of compensation under paragraph (1.1)(a) or (b), the Administrator may impose conditions on the claimant as part of that offer, including a requirement to keep records containing information relating to the claim. Administrator’s powers (2) For the purpose of investigating and assessing a claim, the Administrator has the powers of a commissioner under Part I of the Inquiries Act . Factors to be considered (3) When investigating and assessing a claim, the Administrator may consider only (a) whether it is for loss, damage, costs or expenses referred to in subsection 103(1), (1.1) or (1.2), as the case may be; and (b) whether it resulted wholly or partially from (i) an act done or omitted to be done by the claimant with intent to cause damage, or (ii) the claimant’s negligence. Cause of occurrence (4) A claimant is not required to satisfy the Administrator that the occurrence was caused by a ship, but the Administrator shall dismiss a claim if he or she is satisfied on the evidence that the occurrence was not caused by a ship. When claimant at fault (5) The Administrator shall reduce or nullify any amount that he or she would have otherwise assessed in proportion to the degree to which he or she is satisfied that the claim resulted from (a) an act done or omitted to be done by the claimant with intent to cause damage; or (b) the claimant’s negligence. 2001, c. 6, s. 105; 2009, c. 21, s. 11; 2018, c. 27, s. 724 2023, c. 26, s. 334