GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 34.6
Powers of Admiralty Court 34.6 (1) If a claim is made or apprehended against a person in respect of liability that is limited by section 34.4, the Admiralty Court, on application by that person or any other interested person, including a person who is a party to proceedings in relation to the same subject-matter before another court, tribunal or authority, may take any steps it considers appropriate, including (a) determining the amount of the liability and providing for the constitution and distribution of a fund under Articles 11 and 12 of the Convention; (b) joining interested persons as parties to the proceedings, excluding any claimants who do not make a claim within a certain time, requiring security from the person claiming limitation of liability or from any other interested person and requiring the payment of any costs; and (c) enjoining any person from commencing or continuing proceedings in any court, tribunal or authority other than the Admiralty Court in relation to the same subject-matter. Court may postpone distribution (2) In providing for the distribution of a fund under paragraph (1)(a) in relation to any liability, the Admiralty Court may, having regard to any claim that may subsequently be established before a court, tribunal or other authority outside Canada in respect of that liability, postpone the distribution of any part of the fund that it considers appropriate. Lien and other rights (3) No lien or other right in respect of an air cushion vehicle or other property affects the proportions in which a fund is distributed by the Admiralty Court. Procedural matters (4) The Admiralty Court may (a) make any rule of procedure it considers appropriate with respect to proceedings before it under this section; and (b) determine what form of guarantee it considers to be adequate for the purposes of paragraph 2 of Article 11 of the Convention. Interest (5) For the purposes of Article 11 of the Convention, interest is payable at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act. 2023, c. 26, s. 317
Marine Liability Act — M-0.7 34.7
Release 34.7 If an air cushion vehicle or other property is released under paragraph 2 of Article 13 of the Convention, in any case other than one in which a fund has been constituted in a place described in paragraphs 2(a) to (d) of that Article, the person who obtained the release is deemed to have submitted to the jurisdiction of the court that ordered the release for the purpose of determining the claim. 2023, c. 26, s. 317
Marine Liability Act — M-0.7 35
Definitions 35 The definitions in this section apply in this Part. Convention means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, concluded at Athens on December 13, 1974, as amended by the Protocol, Articles 1 to 22 of which Convention are set out in Part 1 of Schedule 2. ( Convention ) Protocol means the Protocol of 1990 to amend the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, concluded at London on March 29, 1990, Articles III and VIII of which are set out in Part 2 of Schedule 2. ( Protocole )
Marine Liability Act — M-0.7
Convention means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, concluded at Athens on December 13, 1974, as amended by the Protocol, Articles 1 to 22 of which Convention are set out in Part 1 of Schedule 2. ( Convention )
Marine Liability Act — M-0.7
Protocol means the Protocol of 1990 to amend the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, concluded at London on March 29, 1990, Articles III and VIII of which are set out in Part 2 of Schedule 2. ( Protocole )
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Extended meaning of expressions 36 (1) For the purposes of this Part and Articles 1 to 22 of the Convention, (a) the definition ship in Article 1 of the Convention shall be read as including any vessel, craft or air cushion vehicle designed, used or capable of being used solely or partly for navigation, whether seagoing or not, but not including a vessel propelled manually by paddles or oars; and (b) in the definition contract of carriage in Article 1 of the Convention, the expression “carriage by sea” shall be read as “carriage by water”. Owners of ships (2) For greater certainty, in the application of the Convention under this Part, Article 19 of the Convention applies to owners of all ships, whether seagoing or not. Inconsistency (3) In the event of any inconsistency between this section and sections 35 and 37 to 40 of this Act and Articles 1 to 22 of the Convention, those sections prevail to the extent of the inconsistency. 2001, c. 6, s. 36; 2009, c. 21, s. 7 2023, c. 26, s. 318
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Force of law 37 (1) Articles 1 to 22 of the Convention have the force of law in Canada. Extended application (2) Articles 1 to 22 of the Convention also apply in respect of (a) the carriage by water, under a contract of carriage, of passengers or of passengers and their luggage from one place in Canada to the same or another place in Canada, either directly or by way of a place outside Canada; and (b) the carriage by water, otherwise than under a contract of carriage, of persons or of persons and their luggage, excluding (i) the master of a ship, a member of a ship’s crew or any other person employed or engaged in any capacity on board a ship on the business of the ship, (ii) a person carried on board a ship other than a ship operated for a commercial or public purpose, (iii) a person carried on board a ship in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented, and (iv) a stowaway, a trespasser or any other person who boards a ship without the consent or knowledge of the master or the owner. 2001, c. 6, s. 37; 2009, c. 21, s. 8
Marine Liability Act — M-0.7 37.1
Exception — adventure tourism activities 37.1 (1) This Part does not apply to an adventure tourism activity that meets the following conditions: (a) it exposes participants to an aquatic environment; (b) it normally requires safety equipment and procedures beyond those normally used in the carriage of passengers; (c) participants are exposed to greater risks than passengers are normally exposed to in the carriage of passengers; (d) its risks have been presented to the participants and they have accepted in writing to be exposed to them; and (e) any condition prescribed under paragraph 39(c). Exception — persons (2) This Part does not apply to the carriage of a sail trainee or a person who is a member of a class of persons prescribed under paragraph 39(d). 2009, c. 21, s. 9
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State Party to the Convention 38 For purposes of the application of the Convention, Canada is a State Party to the Convention.
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Governor in Council 39 The Governor in Council may make regulations (a) respecting insurance or other financial security to be maintained in respect of classes of carriage, ships or persons to cover liability under this Part up to the maximum amount set out in it; (b) respecting the form and manner in which proof of insurance or other financial security is provided; (c) prescribing any condition for the purpose of subsection 37.1(1); (d) prescribing classes of persons for the purpose of subsection 37.1(2); and (e) generally for carrying out the purposes and provisions of this Part. 2001, c. 6, s. 39; 2009, c. 21, s. 10
Marine Liability Act — M-0.7 40
Amendment of limits 40 The Governor in Council may, by regulation, amend Schedule 2 to implement an amendment that is made in accordance with Article VIII of the Protocol to any of the limits of liability that are specified in paragraph 1 of Article 7 or in Article 8 of the Convention, including the deductibles referred to in that Article 8. 2001, c. 6, s. 40; 2009, c. 21, s. 10
Marine Liability Act — M-0.7 41
Definition of Hague-Visby Rules 41 In this Part, Hague-Visby Rules means the rules set out in Schedule 3 and embodied in the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, concluded at Brussels on August 25, 1924, in the Protocol concluded at Brussels on February 23, 1968, and in the additional Protocol concluded at Brussels on December 21, 1979. 2001, c. 6, s. 41 2023, c. 26, s. 319
Marine Liability Act — M-0.7 42
Other statutory limitations of liability 42 Nothing in this Part affects the operation of any other Part of this Act, or section 250 of the Canada Shipping Act, 2001 , or a provision of any other Act or regulation that limits the liability of owners of ships. 2001, c. 6, s. 42, c. 26, s. 324
Marine Liability Act — M-0.7 43
Effect 43 (1) The Hague-Visby Rules have the force of law in Canada in respect of contracts for the carriage of goods by water between different states as described in Article X of those Rules. Extended application (2) The Hague-Visby Rules also apply in respect of contracts for the carriage of goods by water from one place in Canada to another place in Canada, either directly or by way of a place outside Canada, unless there is no bill of lading and the contract stipulates that those Rules do not apply. Meaning of Contracting State (3) For the purposes of this section, the expression Contracting State in Article X of the Hague-Visby Rules includes Canada and any state that, without being a Contracting State, gives the force of law to the rules embodied in the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, concluded at Brussels on August 25, 1924 and in the Protocol concluded at Brussels on February 23, 1968, regardless of whether that state gives the force of law to the additional Protocol concluded at Brussels on December 21, 1979. (4) [Repealed, 2023, c. 26, s. 320] 2001, c. 6, s. 43 2023, c. 26, s. 320
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45 [Repealed before coming into force, 2008, c. 20, s. 3]
Marine Liability Act — M-0.7 46
Claims 46 (1) If a contract for the carriage of goods by water provides for the adjudication or arbitration of claims arising under the contract in a place other than Canada, a claimant may institute judicial or arbitral proceedings in a court or arbitral tribunal in Canada that would be competent to determine the claim if the contract had referred the claim to Canada, if (a) the actual port of loading or discharge, or the intended port of loading or discharge under the contract, is in Canada; (b) the person against whom the claim is made resides or has a place of business, branch or agency in Canada; or (c) the contract was made in Canada. Agreement to designate (2) Notwithstanding subsection (1), the parties to a contract referred to in that subsection may, after a claim arises under the contract, designate by agreement the place where the claimant may institute judicial or arbitral proceedings. 2001, c. 6, s. 46 2023, c. 26, s. 322
Marine Liability Act — M-0.7
Bunkers Convention means the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, concluded at London on March 23, 2001. ( Convention sur les hydrocarbures de soute )
Marine Liability Act — M-0.7
Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage, 1992, concluded at London on November 27, 1992, Article V of which was amended by the Resolution adopted by the Legal Committee of the International Maritime Organization on October 18, 2000. ( Convention sur la responsabilité civile )
Marine Liability Act — M-0.7
discharge , in relation to oil and bunker oil, means a discharge of oil or bunker oil that directly or indirectly results in the oil or bunker oil entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. ( rejet )
Marine Liability Act — M-0.7
Fund Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, concluded at London on November 27, 1992, Article 4 of which was amended by the Resolution adopted by the Legal Committee of the International Maritime Organization on October 18, 2000. ( Convention sur le Fonds international )
Marine Liability Act — M-0.7
Hazardous and Noxious Substances Convention means the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010, concluded at London on April 30, 2010. ( Convention sur les substances nocives et potentiellement dangereuses )
Marine Liability Act — M-0.7
HNS Fund means the International Hazardous and Noxious Substances Fund established by Article 13 of the Hazardous and Noxious Substances Convention. ( Fonds SNPD )
Marine Liability Act — M-0.7
in bulk means in a hold or tank that is part of a ship’s structure, without any intermediate form of containment. ( en vrac )
Marine Liability Act — M-0.7
International Fund means the International Oil Pollution Compensation Fund, 1992 established by Article 2 of the Fund Convention. ( Fonds international )
Marine Liability Act — M-0.7 (a)
owner (a) in relation to the Civil Liability Convention, has the same meaning as in Article I of that Convention; (b) in relation to the Fund Convention, has the same meaning as in Article I of the Civil Liability Convention and as shipowner within the meaning of the Fund Convention; (c) in relation to the Supplementary Fund Protocol, has the same meaning as in Article I of the Civil Liability Convention; and (d) in relation to the Bunkers Convention, has the same meaning as the definition Shipowner in Article 1 of that Convention. ( Version anglaise seulement )
Marine Liability Act — M-0.7
Supplementary Fund means the International Oil Pollution Compensation Supplementary Fund, 2003 established by Article 2 of the Supplementary Fund Protocol. ( Fonds complémentaire )
Marine Liability Act — M-0.7
Supplementary Fund Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, concluded at London on May 16, 2003. ( Protocole portant création d’un Fonds complémentaire )
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Force of law 48 Articles I to XI, XII bis and 15 of the Civil Liability Convention — that are set out in Schedule 5 — have the force of law in Canada. 2001, c. 6, s. 48; 2009, c. 21, s. 11
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Contracting State 49 (1) For the purposes of the application of the Civil Liability Convention, Canada is a Contracting State. Appropriate authority (2) For the purposes of the application of Article VII of that Convention, the Minister is the appropriate authority for Canada. 2001, c. 6, s. 49; 2009, c. 21, s. 11
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Schedule 5 — limits amendment 50 The Governor in Council may, by regulation, amend Schedule 5 to implement an amendment — to the limits of liability that are specified in paragraph 1 of Article V of the Civil Liability Convention — that is made in accordance with Article 15 of that Convention. 2001, c. 6, s. 50; 2009, c. 21, s. 11
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Liability for pollution and related costs 51 (1) The liability of the owner of a ship in relation to preventive measures, for the purposes of the Civil Liability Convention, also includes (a) the costs and expenses incurred by the Minister of Fisheries and Oceans, a response organization within the meaning of section 165 of the Canada Shipping Act, 2001 , any other person in Canada or any person in a state, other than Canada, that is a party to that Convention in respect of measures taken to prevent, repair, remedy or minimize pollution damage from the ship, including measures taken in anticipation of a discharge of oil from it, to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures; and (b) in relation to oil, the costs and expenses incurred by (i) the Minister of Fisheries and Oceans in respect of measures taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001 , in respect of any monitoring under paragraph 180(1)(b) of that Act or in relation to any direction given under paragraph 180(1)(c) of that Act to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures, or (ii) any other person in respect of the measures that they were directed to take or refrain from taking under paragraph 180(1)(c) of the Canada Shipping Act, 2001 to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures. 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 an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage. Liability — fishing, hunting, trapping and harvesting (3) For greater certainty, for the purposes of Article III of the Civil Liability Convention, the liability of the owner of a ship includes economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people. 2001, c. 6, s. 51, c. 26, s. 324; 2009, c. 21, s. 11; 2018, c. 27, s. 713 2023, c. 26, s. 323
Marine Liability Act — M-0.7 52
Admiralty Court’s jurisdiction — limitation fund 52 (1) The Admiralty Court has exclusive jurisdiction with respect to any matter relating to the constitution and distribution of a limitation fund under the Civil Liability Convention. Right to assert limitation defence (2) When a claim is made or apprehended against a person in respect of liability that is limited under the Civil Liability Convention, that person may assert their right to a limitation of liability by constituting a fund as required under that Convention and filing a defence, or by way of action or counterclaim for declaratory relief, in the Admiralty Court. Stay of proceedings (3) When a fund is constituted in the Admiralty Court, any other court, where an action asserting limitation of liability under the Civil Liability Convention has been commenced, shall stay the proceedings and refer all claims under that Convention to the Admiralty Court. 2001, c. 6, s. 52; 2009, c. 21, s. 11
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Admiralty Court’s powers 53 (1) When a claim is made or apprehended against a person in respect of liability that is limited under the Civil Liability Convention, the Admiralty Court, on application by that person or any other interested person, may take any steps that it considers appropriate, including (a) determining the amount of the liability and providing for the constitution and distribution of a fund under that Convention; (a.1) permitting that person to reduce the amount that they are required to pay to the fund by up to an amount equal to the sum of any amounts paid to a claimant before the constitution of the fund; and (b) joining interested persons as parties to the proceedings, excluding any claimants who do not make a claim within the time limits set out in Article VIII of that Convention, requiring security from the person claiming limitation of liability or from any other interested person and requiring the payment of any costs. Admiralty Court may postpone distribution (2) In providing for the distribution of a fund under paragraph (1)(a) in relation to any liability, the Admiralty Court may, having regard to any claim that may subsequently be established before a court, tribunal or other authority outside Canada in respect of that liability, postpone the distribution of any part of the fund that it considers appropriate. Procedural matters (3) The Admiralty Court may (a) make any rule of procedure that it considers appropriate with respect to proceedings before it under this section; and (b) determine what form of guarantee it considers to be adequate for the purposes of paragraph 3 of Article V of the Civil Liability Convention. 2001, c. 6, s. 53; 2009, c. 21, s. 11 2023, c. 26, s. 324
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Public notice 54 (1) The person constituting the fund must, as soon as feasible, give notice of the fund’s constitution in (a) the Canada Gazette ; (b) a newspaper in general circulation in the region where the incident occurred; and (c) any other appropriate manner in the communities potentially affected by the incident. Accessibility (1.1) Notices given under paragraphs (1)(b) and (c) are to be made accessible to the public for a period of at least 30 days. Proof of accessibility (2) The person constituting the fund must, within 15 days after the 30th day of the period referred to in subsection (1.1), file evidence in the Admiralty Court that the notices have been made accessible to the public for a period of at least 30 days. Court order in case of non-compliance (3) The Admiralty Court may issue any order that it deems appropriate to remedy the failure of the person to give any of the required public notices or the inadequacy of a notice. 2001, c. 6, s. 54; SOR/2003-353; 2009, c. 21, s. 11; 2014, c. 29, s. 30(F) 2023, c. 26, s. 325
Marine Liability Act — M-0.7 55
Absence of certificate 55 (1) Unless a ship carries a certificate described in Article VII of the Civil Liability Convention issued in accordance with subsection 56(1), the ship must not (a) enter or leave a port in Canadian waters or in Canada’s exclusive economic zone or arrive at or leave an offshore terminal in Canadian waters or in Canada’s exclusive economic zone; or (b) if the ship is registered in Canada, enter or leave a port in any other state, whether or not the state is a party to that Convention, or arrive at or leave an offshore terminal (i) in the territorial sea or internal waters of any such state, or (ii) in the exclusive economic zone of any such state or, if the state has not established an exclusive economic zone, in an area beyond and adjacent to the territorial sea of the state, and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured. Certificate to be produced on request (2) The master, a crew member or any person on board who is, or appears to be, in charge of the ship shall produce the certificate and give details of it at the request of any authorized officer of the Government of Canada. 2001, c. 6, s. 55; 2009, c. 21, s. 11 2023, c. 26, s. 326