Marine Liability Act — M-0.7 746
2014, c. 29 746 (1) In this section, other Act means the Safeguarding Canada’s Seas and Skies Act . (2) On the first day on which both section 33 of the other Act and section 713 of this Act are in force, (a) section 74.24 of the Marine Liability Act is renumbered as subsection 74.24(1) and is amended by adding the following: Liability — grave and imminent threat of pollution damage (2) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(b), the owner of a ship is liable only for the costs and expenses related to any occurrence, or series of occurrences having the same origin, that causes pollution damage or creates a grave and imminent threat of causing such damage. (b) subsection 111(2) of the Marine Liability Act is replaced by the following: Rights unaffected (2) Nothing in subsection (1) affects the rights of the Minister of Fisheries and Oceans under sections 51, 71, 74.24, 77 and 101, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention with respect to loss and damage suffered, and costs and expenses incurred, in respect of the significant incident. (3) On the first day on which both subsection 41(1) of the other Act and section 721 of this Act are in force, (a) the portion of subsection 101(1) of the Marine Liability Act before paragraph (a) is replaced by the following: Liability of Ship-source Oil Pollution Fund 101 (1) Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable in relation to oil for any kind of loss, damage, costs or expenses — including liability for economic loss caused by oil pollution suffered by persons whose property has not been polluted, but not including liability for loss in relation to damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention — for the matters referred to in sections 51, 71, 74.24 and 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention, if (b) subsection 101(1.1) of the Marine Liability Act is replaced by the following: Additional liability of Ship-source Oil Pollution Fund (1.1) Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable for the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person in respect of measures taken under subsection 180(1) of the Canada Shipping Act, 2001 with respect to oil, or for loss or damage caused by those measures, if, by reason of the fact that the occurrence or series of occurrences for which those costs and expenses were incurred did not create a grave and imminent threat of causing oil pollution damage, neither the owner of a ship, the International Fund, the Supplementary Fund nor the HNS Fund is liable for those costs and expenses. (7) On the first day on which both subsection 43(1) of the other Act and subsection 723 (1) of this Act are in force, subsection 103(1) of the Marine Liability Act is replaced by the following: Claims filed with Administrator 103 (1) In addition to any right against the Ship-source Oil Pollution Fund under section 101, a person may file a claim with the Administrator for the loss, damage, costs or expenses if the person has suffered loss or damage or incurred costs or expenses referred to in sections 51, 71, 74.24 and 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention in respect of any kind of loss, damage, costs or expenses arising out of actual or anticipated oil pollution damage, including economic loss caused by oil pollution suffered by persons whose property has not been polluted but not including loss in r