GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 130.12
Certificate of default 130.12 (1) All or part of a debt referred to in subsection 130.11(1) in respect of which there is a default of payment may be certified by the Minister or the Transportation Appeal Tribunal of Canada, as the case may be. Effect of registration (2) On production to the Admiralty Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all costs and expenses attendant on its registration. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.13
Party to violation committed by corporation 130.13 If a corporation commits a violation under this Act, any director, officer or agent or mandatary of the corporation that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation, whether or not the corporation has been identified or proceeded against under sections 130.02 to 130.12. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.14
Violation by employee or agent or mandatary 130.14 A person is liable for a violation that is committed by the person’s employee or agent or mandatary, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.15
Limitation or prescription period 130.15 No notice of violation may be issued more than two years after the day on which the Minister becomes aware of the violation. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.16
Certificate 130.16 A document that purports to have been issued by the Minister and that certifies the day on which he or she became aware of the violation is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the Minister became aware of the violation on that day. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.17
Notices of violation and of default 130.17 The Minister may keep a public record of notices of violation and notices of default, including, with respect to each violation or default, the nature of the violation or default, the name of the person who committed it and the amount of the penalty. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.18
Notations removed 130.18 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, the Minister shall remove from the public record of notices of violation and notices of default, on the fifth anniversary of the day on which a person has paid every penalty that they are liable to pay under this Act, the notice of violation or notice of default along with all the other information kept in the public record with respect to the violation or default. Notice (2) If the Minister is of the opinion that the removal is not in the public interest, he or she shall give notice of that fact to the person in writing and provide the grounds for that opinion. Contents of notice (3) The notice shall include the address at which, and the date — being 30 days after the day on which the notice is served — on or before which, a request for a review may be filed and the particulars concerning the procedure for requesting a review. Request for review (4) The person may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal of Canada on application may allow, file with the Tribunal a written request for a review of the Minister’s decision made under subsection (2). Time and place for review (5) On receipt of the request, the Transportation Appeal Tribunal of Canada shall specify a time and place for the review and notify the Minister and the person who filed the request of that time and place in writing. Review procedure (6) The member of the Transportation Appeal Tribunal of Canada who is assigned to conduct the review shall provide the Minister and the person with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations at the review. Determination by member (7) The member who conducts the review shall confirm the Minister’s decision or refer the matter back to the Minister for reconsideration. Right of appeal (8) The person who requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Transportation Appeal Tribunal of Canada. Loss of right of appeal (9) If the person does not appear at the review hearing, the person is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (10) The appeal panel of the Transportation Appeal Tribunal of Canada that is assigned to hear the appeal shall dismiss it or refer the matter back to the Minister for reconsideration. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.19
Governor in Council 130.19 For the purposes of sections 130.01 to 130.18, the Governor in Council may, on the recommendation of the Minister, make regulations (a) designating as a violation the contravention of any specified provision of this Act or of the regulations; (b) establishing a penalty or a range of penalties in respect of a violation up to the maximum amount set out in subsection 130.01(2); and (c) if a range of penalties is established by regulations made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 131
Contraventions 131 Every person or ship that contravenes subsection 55(1) or (2), 73(1) or (2), 128(2) or 129(6) or (7) or regulations made under section 39 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. 2001, c. 6, s. 131; 2009, c. 21, s. 11; 2018, c. 27, s. 745
Marine Liability Act — M-0.7 132
Failure to pay 132 (1) Every person who contravenes any of paragraphs 114.1(2)(a) to (d) or subsection 114.2(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. False or misleading information return — receiver (2) Every receiver who files an information return under subsection 74.4(2) that contains a material statement that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. Falsifying or destroying books of account (3) Every person who knowingly destroys, mutilates or falsifies, or who knowingly makes any false or misleading entry or statement in, any record or book of account required to be kept under subsection 118(1) or (1.1) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. Omission from books of account (3.1) Every person who knowingly omits a material entry or statement from any record or book of account required to be kept under subsection 118(1) or (1.1) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. Contraventions (4) Every person who contravenes subsection 74.4(7) or 117.3(2), section 118 or subsection 119(9) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. Failure to file information return — receiver (4.1) Every receiver who contravenes subsection 74.4(2) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. False or misleading information (5) Every person who files a claim under subsection 106.1(1) that includes information that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. Failure to file information return — person (6) Every person who contravenes subsection 117.1(1) or (1.1) or section 118.1 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. False or misleading information return — person (7) Every person who files an information return under subsection 117.1(1) or (1.1) that contains a material statement that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. False or misleading information (8) Every person who provides information or a document under section 118.1 that contains a material statement that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000. 2009, c. 21, s. 11; 2014, c. 29, s. 54; 2018, c. 27, s. 745
Marine Liability Act — M-0.7 132.1
Due diligence defence 132.1 A person shall not be found guilty of an offence under section 131 or any of subsections 132(1), (4.1) and (6) if they establish that they exercised due diligence to prevent the commission of the offence. 2018, c. 27, s. 745
Marine Liability Act — M-0.7 133
Jurisdiction in relation to offences 133 When a person or a ship is charged with having committed an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or ship within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there. 2009, c. 21, s. 11
Marine Liability Act — M-0.7 134
Proof of offence 134 In a prosecution of a ship for an offence under this Act, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a designated officer, whether or not the person on board is identified. 2009, c. 21, s. 11
Marine Liability Act — M-0.7 135
Limitation period 135 (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister becomes aware of the subject matter of the proceedings. Minister’s certificate (2) A document that purports to have been issued by the Minister and that certifies the day on which he or she became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence that the Minister became aware of the subject matter on that day. Defendant outside Canada (3) If the proceedings cannot be commenced within two years because the proposed defend-ant is outside Canada, the proceedings may be commenced not later than two months after the defendant returns to Canada. 2009, c. 21, s. 11
Marine Liability Act — M-0.7 136
Application by Minister 136 (1) The Minister may apply to any court of competent jurisdiction for an order authorizing him or her to sell a ship that has been detained under section 129 if (a) an information is laid in respect of an offence under subsection 55 (1) or (2) or 73 (1) or (2) or of a regulation made under paragraph 39(a) or (b), and (i) the security required under paragraph 129 (4)(b) is not deposited within the time specified in the detention order, (ii) the person or ship charged is convicted, and (iii) the fine imposed and the expenses incurred in respect of the detained ship have not been paid; and (b) no information is laid and (i) the measures referred to in paragraph 129 (4)(a) have not been taken within the time specified in the detention order, and (ii) the expenses incurred in respect of the detained ship have not been paid. Court may authorize sale (2) A court seized of an application for the sale of a ship may (a) authorize the Minister to sell the ship in the manner and subject to the terms and conditions that it considers appropriate; and (b) on application by the Minister or a person referred to in paragraph 137 (1)(b) or (c), give directions concerning the ranking of the interests in the ship. 2009, c. 21, s. 11
Marine Liability Act — M-0.7 137
Notice 137 (1) As soon as is feasible after making an application under section 136 , the Minister shall give notice of the application by registered mail to (a) the registrar of the register in which the ship is registered; (b) the holder of any mortgage registered against the ship that is registered in the register referred to in paragraph (a); and (c) the holder of any maritime lien against the ship and the holder of any similar interest, if the holder is known to the Minister at the time of the application. Day notice deemed to be given (2) A notice sent by registered mail is deemed to have been given to the person to whom it is sent on the day on which the Minister receives an acknowledgement of receipt. Relief from giving notice (3) If the court that is seized of an application for the sale of a ship is satisfied that it is appropriate to do so, it may relieve the Minister of the obligation to give the notice referred to in subsection (1), or authorize him or her to give the notice in any other manner that it considers appropriate. 2009, c. 21, s. 11
Marine Liability Act — M-0.7 138
Payment of proceeds 138 (1) If a ship is sold under an order, the proceeds of the sale shall be applied to satisfy claims in the following order of priority: (a) the expenses incurred in respect of the detained ship and its sale; (b) the claims of the master and crew members for wages; (c) the amount of any fine imposed; (d) the interests of persons who have been recognized and ranked by the court under paragraph 136 (2)(b). Surplus (2) Any surplus of the proceeds of sale remaining after all claims have been satisfied is to be paid to the person registered as the owner of the ship or, in the absence of any registration, to the person who owns the ship. Proceedings against owner (3) If the proceeds of sale of a ship are insufficient to satisfy the claims described in paragraphs (1)(a) and (c), the Minister may proceed against the owner of the ship for the balance owing. Clear title (4) On selling a ship under an order, the Minister may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim that is in existence at the time of the sale. 2009, c. 21, s. 11
Marine Liability Act — M-0.7 139
Definition of foreign vessel 139 (1) In this section, foreign vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001 . Maritime lien (2) A person, carrying on business in Canada, has a maritime lien against a foreign vessel for claims that arise (a) in respect of goods, materials or services wherever supplied to the foreign vessel for its operation or maintenance, including, without restricting the generality of the foregoing, stevedoring and lighterage; or (b) out of a contract relating to the repair or equipping of the foreign vessel. Services requested by owner (2.1) Subject to section 251 of the Canada Shipping Act, 2001 , for the purposes of paragraph (2)(a), with respect to stevedoring or lighterage, the services must have been provided at the request of the owner of the foreign vessel or a person acting on the owner’s behalf. Exception (3) A maritime lien against a foreign vessel may be enforced by an action in rem against a foreign vessel unless (a) the vessel is a warship, coast guard ship or police vessel; or (b) at the time the claim arises or the action is commenced, the vessel is being used exclusively for non-commercial governmental purposes. Federal Courts Act (4) Subsection 43(3) of the Federal Courts Act does not apply to a claim secured by a maritime lien under this section. 2009, c. 21, s. 12
Marine Liability Act — M-0.7 140
Proceedings under maritime law 140 Except as otherwise provided in this Act or in any other Act of Parliament, no proceedings under Canadian maritime law in relation to any matter coming within the class of navigation and shipping may be commenced later than three years after the day on which the cause of action arises. 2009, c. 21, s. 12
Marine Liability Act — M-0.7 141
Priority over Arctic Waters Pollution Prevention Act 141 In the event of an inconsistency between this Act and the provisions of the Arctic Waters Pollution Prevention Act , the provisions of this Act prevail to the extent of the inconsistency. 2009, c. 21, s. 13
Marine Liability Act — M-0.7 Order in council
Order in council * 142 Section 45 comes into force on a day to be fixed by order of the Governor in Council. * [Note: Section 45 repealed before coming into force, see 2008, c. 20, s. 3.] 2009, c. 21, s. 13
Marine Liability Act — M-0.7
Text of Articles 1 to 15 of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976
Marine Liability Act — M-0.7 1
1 Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this Convention for claims set out in Article 2.
Marine Liability Act — M-0.7 2
2 The term shipowner shall mean the owner, charterer, manager and operator of a seagoing ship.
Marine Liability Act — M-0.7 3
3 Salvor shall mean any person rendering services in direct connexion with salvage operations. Salvage operations shall also include operations referred to in Article 2, paragraph 1(d), (e) and (f).
Marine Liability Act — M-0.7 4
4 If any claims set out in Article 2 are made against any person for whose act, neglect or default the shipowner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided for in this Convention.
Marine Liability Act — M-0.7 5
5 In this Convention the liability of a shipowner shall include liability in an action brought against the vessel herself.
Marine Liability Act — M-0.7 6
6 An insurer of liability for claims subject to limitation in accordance with the rules of this Convention shall be entitled to the benefits of this Convention to the same extent as the assured himself.
Marine Liability Act — M-0.7 7
7 The act of invoking limitation of liability shall not constitute an admission of liability.
Marine Liability Act — M-0.7 1
1 Subject to Articles 3 and 4 the following claims, whatever the basis of liability may be, shall be subject to limitation of liability: (a) claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connexion with the operation of the ship or with salvage operations, and consequential loss resulting therefrom; (b) claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage; (c) claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connexion with the operation of the ship or salvage operations; (d) claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship; (e) claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship; (f) claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures.
Marine Liability Act — M-0.7 (a)
(a) claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connexion with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;
Marine Liability Act — M-0.7 (b)
(b) claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;
Marine Liability Act — M-0.7 (c)
(c) claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connexion with the operation of the ship or salvage operations;
Marine Liability Act — M-0.7 (d)
(d) claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship;
Marine Liability Act — M-0.7 (e)
(e) claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship;
Marine Liability Act — M-0.7 (f)
(f) claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures.
Marine Liability Act — M-0.7 2
2 Claims set out in paragraph 1 shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise. However, claims set out under paragraph 1(d), (e) and (f) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable.
Marine Liability Act — M-0.7 (a)
The rules of this Convention shall not apply to: (a) claims for salvage, including, if applicable, any claim for special compensation under article 14 of the International Convention on Salvage 1989, as amended, or contribution in general average; (b) claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage, dated 29 November 1969 or of any amendment or Protocol thereto which is in force; (c) claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage; (d) claims against the shipowner of a nuclear ship for nuclear damage; (e) claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 6.
Marine Liability Act — M-0.7 (a)
(a) claims for salvage, including, if applicable, any claim for special compensation under article 14 of the International Convention on Salvage 1989, as amended, or contribution in general average;
Marine Liability Act — M-0.7 (b)
(b) claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage, dated 29 November 1969 or of any amendment or Protocol thereto which is in force;
Marine Liability Act — M-0.7 (c)
(c) claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage;
Marine Liability Act — M-0.7 (d)
(d) claims against the shipowner of a nuclear ship for nuclear damage;
Marine Liability Act — M-0.7 (e)
(e) claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 6.
Marine Liability Act — M-0.7
A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.