GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 9
9 Certificates issued or certified under the authority of a State Party shall be accepted by other States Parties for the purposes of this Convention and shall be regarded by other States Parties as having the same force as certificates issued or certified by them even if issued or certified in respect of a ship not registered in a State Party. A State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the insurance certificate is not financially capable of meeting the obligations imposed by this Convention.
Marine Liability Act — M-0.7 10
10 Any claim for compensation for pollution damage may be brought directly against the insurer or other person providing financial security for the registered owner’s liability for pollution damage. In such a case the defendant may invoke the defences (other than bankruptcy or winding up of the shipowner) which the shipowner would have been entitled to invoke, including limitation pursuant to article 6. Furthermore, even if the shipowner is not entitled to limitation of liability according to article 6, the defendant may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained in accordance with paragraph 1. Moreover, the defendant may invoke the defence that the pollution damage resulted from the wilful misconduct of the shipowner, but the defendant shall not invoke any other defence which the defendant might have been entitled to invoke in proceedings brought by the shipowner against the defendant. The defendant shall in any event have the right to require the shipowner to be joined in the proceedings.
Marine Liability Act — M-0.7 11
11 A State Party shall not permit a ship under its flag to which this article applies to operate at any time, unless a certificate has been issued under paragraphs 2 or 14.
Marine Liability Act — M-0.7 12
12 Subject to the provisions of this article, each State Party shall ensure, under its national law, that insurance or other security, to the extent specified in paragraph 1, is in force in respect of any ship having a gross tonnage greater than 1000, wherever registered, entering or leaving a port in its territory, or arriving at or leaving an offshore facility in its territorial sea.
Marine Liability Act — M-0.7 13
13 Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 12, ships are not required to carry on board or to produce the certificate required by paragraph 2, when entering or leaving ports or arriving at or leaving from offshore facilities in its territory, provided that the State Party which issues the certificate required by paragraph 2 has notified the Secretary-General that it maintains records in an electronic format, accessible to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 12.
Marine Liability Act — M-0.7 14
14 If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provisions of this article relating thereto shall not be applicable to such ship, but the ship shall carry a certificate issued by the appropriate authority of the State of the ship’s registry stating that the ship is owned by that State and that the ship’s liability is covered within the limit prescribed in accordance with paragraph 1. Such a certificate shall follow as closely as possible the model prescribed by paragraph 2.
Marine Liability Act — M-0.7 15
15 A State may, at the time of ratification, acceptance, approval of, or accession to this Convention, or at any time thereafter, declare that this article does not apply to ships operating exclusively within the area of that State referred to in article 2(a)(i).
Marine Liability Act — M-0.7
Rights to compensation under this Convention shall be extinguished unless an action is brought thereunder within three years from the date when the damage occurred. However, in no case shall an action be brought more than six years from the date of the incident which caused the damage. Where the incident consists of a series of occurrences, the six-years’ period shall run from the date of the first such occurrence.
Marine Liability Act — M-0.7 1
1 Where an incident has caused pollution damage in the territory, including the territorial sea, or in an area referred to in article 2(a)(ii) of one or more States Parties, or preventive measures have been taken to prevent or minimise pollution damage in such territory, including the territorial sea, or in such area, actions for compensation against the shipowner, insurer or other person providing security for the shipowner’s liability may be brought only in the courts of any such States Parties.
Marine Liability Act — M-0.7 2
2 Reasonable notice of any action taken under paragraph 1 shall be given to each defendant.
Marine Liability Act — M-0.7 3
3 Each State Party shall ensure that its courts have jurisdiction to entertain actions for compensation under this Convention.
Marine Liability Act — M-0.7 1
1 Any judgement given by a Court with jurisdiction in accordance with article 9 which is enforceable in the State of origin where it is no longer subject to ordinary forms of review, shall be recognised in any State Party, except: (a) where the judgement was obtained by fraud; or (b) where the defendant was not given reasonable notice and a fair opportunity to present his or her case.
Marine Liability Act — M-0.7 (a)
(a) where the judgement was obtained by fraud; or
Marine Liability Act — M-0.7 (b)
(b) where the defendant was not given reasonable notice and a fair opportunity to present his or her case.
Marine Liability Act — M-0.7 2
2 A judgement recognised under paragraph 1 shall be enforceable in each State Party as soon as the formalities required in that State have been complied with. The formalities shall not permit the merits of the case to be re-opened.
Marine Liability Act — M-0.7
Issued in accordance with the provisions of article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
Marine Liability Act — M-0.7
Name and full address of the principal place of business of the registered owner
Marine Liability Act — M-0.7
This is to certify that there is in force in respect of the above-named ship a policy of insurance or other financial security satisfying the requirements of article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001.
Marine Liability Act — M-0.7
Name and address of the insurer(s) and/or guarantor(s)
Marine Liability Act — M-0.7
The following text should be used when a State Party avails itself of article 7(3)
Marine Liability Act — M-0.7
The present certificate is issued under the authority of the Government of (full designation of the State) by (name of institution or organization)
Marine Liability Act — M-0.7 1
1 If desired, the designation of the State may include a reference to the competent public authority of the country where the Certificate is issued.
Marine Liability Act — M-0.7 5
5 The entry “Address” of the insurer(s) and/or guarantor(s) must indicate the principal place of business of the insurer(s) and/or guarantor(s). If appropriate, the place of business where the insurance or other security is established shall be indicated.
Marine Liability Act — M-0.7 19
19 A claim to recover loss, damage, costs or expenses filed with the Administrator under section 85 of the Marine Liability Act before the day on which this section comes into force is deemed to have been filed under section 103 of the Marine Liability Act , as enacted by section 11 .
Marine Liability Act — M-0.7 20
20 The Administrator and Deputy Administrator who are in office on the day on which this section comes into force shall continue to perform their duties and functions as if they had been appointed under section 94 or 95, as the case may be, of the Marine Liability Act , as enacted by section 11 .
Marine Liability Act — M-0.7 342
Definitions 342 The following definitions apply in sections 343 to 347 . former Act means the Marine Liability Act as it read immediately before the day on which section 338 comes into force. ( ancienne loi ) new Act means the Marine Liability Act as it reads on the day on which section 338 comes into force. ( nouvelle loi ) Ship-source Oil Pollution Fund has the same meaning as in subsection 91(1) of the Marine Liability Act . ( Caisse d’indemnisation )
Marine Liability Act — M-0.7
former Act means the Marine Liability Act as it read immediately before the day on which section 338 comes into force. ( ancienne loi )
Marine Liability Act — M-0.7
new Act means the Marine Liability Act as it reads on the day on which section 338 comes into force. ( nouvelle loi )
Marine Liability Act — M-0.7
Ship-source Oil Pollution Fund has the same meaning as in subsection 91(1) of the Marine Liability Act . ( Caisse d’indemnisation )
Marine Liability Act — M-0.7 343
Claims for loss of income 343 A claim filed under section 107 of the former Act is to be dealt with in accordance with sections 107 and 108 of the former Act.
Marine Liability Act — M-0.7 344
Rights — limitation period 344 Despite subsection 103(2) of the new Act, if an occurrence in respect of which a person may file a claim under section 107 of the former Act takes place on or before the day on which section 338 comes into force, and if the limitation periods set out in subsection 107(3) of the former Act have not expired on that day, that person has the right to file a claim under subsection 103(1.2) of the new Act within those limitation periods.
Marine Liability Act — M-0.7 345
Fund — amounts directed to be paid 345 Any amounts that are directed to be paid on or after the day on which subsection 332 (2) comes into force, in respect of a claim filed under section 107 of the former Act, are to be charged to the Ship-source Oil Pollution Fund and they are deemed to be charged under paragraph 92(3)(a.1) of the new Act.
Marine Liability Act — M-0.7 346
Fund — remuneration and expenses of assessors 346 The remuneration and expenses of assessors appointed under paragraph 108(2)(a) of the former Act that are directed to be paid on or after the day on which subsection 332 (3) comes into force are to be charged to the Ship-source Oil Pollution Fund and are deemed to be charged under subsection 92(3) of the new Act.
Marine Liability Act — M-0.7 347
Interest 347 If a payment is made to a claimant on or after the day on which subsection 340 (2) comes into force, in respect of a claim filed under section 107 of the former Act, the claimant is entitled to the interest that accrues on a claim in accordance with subsection 116(1) of the Marine Liability Act from the time when the loss of income occurs.
Marine Liability Act — M-0.7 28
2009, c. 21, s. 11 28 The heading of Part 6 of the Marine Liability Act is replaced by the following: Liability and Compensation — Oil and Hazardous and Noxious Substances
Marine Liability Act — M-0.7 29
29 (1) The definition owner in subsection 47(1) of the English version of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) in relation to the Hazardous and Noxious Substances Convention, has the same meaning as in Article 1 of that Convention.
Marine Liability Act — M-0.7 31
31 The Act is amended by adding the following after section 74: Hazardous and Noxious Substances Convention Force of law 74.01 Articles 1 to 5, 7 to 23, 37 to 41, 45, 48 and 52 of the Hazardous and Noxious Substances Convention — that are set out in Part 1 of Schedule 9 — have the force of law in Canada. Meaning of receiver 74.1 For the purposes of Articles 1, 7, 18, 19 and 21 of the Hazardous and Noxious Substances Convention, receiver has the meaning assigned by paragraph 4(a) of Article 1 of that Convention.
Marine Liability Act — M-0.7 74.01
Force of law 74.01 Articles 1 to 5, 7 to 23, 37 to 41, 45, 48 and 52 of the Hazardous and Noxious Substances Convention — that are set out in Part 1 of Schedule 9 — have the force of law in Canada.
Marine Liability Act — M-0.7 74.1
Meaning of receiver 74.1 For the purposes of Articles 1, 7, 18, 19 and 21 of the Hazardous and Noxious Substances Convention, receiver has the meaning assigned by paragraph 4(a) of Article 1 of that Convention.
Marine Liability Act — M-0.7 33
 or registered in a state, other than Canada, that is not a party to the Hazardous and Noxious Substances Convention, the Minister shall issue the certificate to the owner of the ship, if the Minister is satisfied that a contract of insurance or other security satisfying the requirements of Article 12 of that Convention will be in force in respect of the ship throughout the period for which the certificate is issued. When Minister may refuse certificate (3) If the Minister believes that the guarantor will be unable to meet the guarantor’s obligations under the contract of insurance or other security referred to in subsection 74.28(1), or that the contract of insurance or other security will not cover the owner’s liability under the Hazardous and Noxious Substances Convention, the Minister may refuse to issue the certificate. When Minister may revoke certificate (4) If the Minister believes that the guarantor is no longer able to meet the guarantor’s obligations under the contract of insurance or other security referred to in subsection 74.28(1), or that the contract of insurance or other security no longer covers the owner’s liability under the Hazardous and Noxious Substances Convention, the Minister may revoke the certificate.
Marine Liability Act — M-0.7 74.21
Appropriate authority 74.21 For the purposes of Article 12 of the Hazardous and Noxious Substances Convention, the Minister is the appropriate authority for Canada.
Marine Liability Act — M-0.7 74.22
Schedule 9 — limits amendment 74.22 The Governor in Council may, by regulation, amend Part 1 of Schedule 9 to implement an amendment — to the limits of liability that are specified in paragraph 1 of Article 9 or paragraph 5 of Article 14 of the Hazardous and Noxious Substances Convention — that is made in accordance with Article 48 of that Convention.
Marine Liability Act — M-0.7 74.23
Amendment to Part 2 of Schedule 9 74.23 The Governor in Council may, by regulation, amend Part 2 of Schedule 9 to add or delete a declaration made by Canada under Article 5 of the Hazardous and Noxious Substances Convention.
Marine Liability Act — M-0.7 74.24
Liability for damage and related costs 74.24 The liability of the owner of a ship in relation to preventive measures, for the purposes of the Hazardous and Noxious Substances Convention, also includes (a) the costs and expenses incurred by the Minister of Fisheries and Oceans, by a response organization as defined in section 165 of the Canada Shipping Act, 2001 , by any other person in Canada or by 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 damage caused by hazardous and noxious substances, including measures taken in anticipation of an incident, 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 hazardous and noxious substances, the costs and expenses incurred (i) by 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) by 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.
Marine Liability Act — M-0.7 74.25
Admiralty Court’s jurisdiction — limitation fund 74.25 (1) The Admiralty Court has exclusive jurisdiction with respect to any matter relating to the constitution and distribution of a limitation fund under the Hazardous and Noxious Substances 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 Hazardous and Noxious Substances 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 Hazardous and Noxious Substances Convention has been commenced, shall stay the proceedings and refer all claims under that Convention to the Admiralty Court.
Marine Liability Act — M-0.7 74.26
Admiralty Court’s powers 74.26 (1) When a claim is made or apprehended against a person in respect of liability that is limited under the Hazardous and Noxious Substances 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; 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 37 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 9 of the Hazardous and Noxious Substances Convention.
Marine Liability Act — M-0.7 74.27
Public notice 74.27 (1) The person constituting the fund shall, as soon as feasible, give notice of the fund’s constitution in the Canada Gazette and in a newspaper in general circulation in the region where the incident occurs. Proof of notice (2) Within 30 days after the fund’s constitution, the person constituting it shall file the public notices in the Admiralty Court. 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.
Marine Liability Act — M-0.7 74.28
Absence of certificate 74.28 (1) Unless a ship carrying hazardous and noxious substances carries a certificate described in Article 12 of the Hazardous and Noxious Substances Convention issued in accordance with subsection 74.29(1), showing that a contract of insurance or other security satisfying the requirements of that Article is in force, 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.
Marine Liability Act — M-0.7 74.29
By whom certificate to be issued 74.29 (1) The certificate shall be issued (a) by the Minister, if the ship is registered in Canada; (b) by or under the authority of the government of the state of registration, if the ship is registered in a state, other than Canada, that is a party to the Hazardous and Noxious Substances Convention; or (c) by the Minister or by or under the authority of the government of a state, other than Canada, that is a party to the Hazardous and Noxious Substances Convention, if the ship is registered in a state, other than Canada, that is not a party to that Convention. Issuance of certificate by Minister (2) On an application to the Minister for a certificate in respect of a ship registered in Canada or registered in a state, other than Canada, that is not a party to the Hazardous and Noxious Substances Convention, the Minister shall issue the certificate to the owner of the ship, if the Minister is satisfied that a contract of insurance or other security satisfying the requirements of Article 12 of that Convention will be in force in respect of the ship throughout the period for which the certificate is issued. When Minister may refuse certificate (3) If the Minister believes that the guarantor will be unable to meet the guarantor’s obligations under the contract of insurance or other security referred to in subsection 74.28(1), or that the contract of insurance or other security will not cover the owner’s liability under the Hazardous and Noxious Substances Convention, the Minister may refuse to issue the certificate. When Minister may revoke certificate (4) If the Minister believes that the guarantor is no longer able to meet the guarantor’s obligations under the contract of insurance or other security referred to in subsection 74.28(1), or that the contract of insurance or other security no longer covers the owner’s liability under the Hazardous and Noxious Substances Convention, the Minister may revoke the certificate.
Marine Liability Act — M-0.7 35
35 The Act is amended by adding the following in numerical order: Legal capacity of HNS Fund 74.31 For the purposes of the rights and obligations referred to in section 74.32, the HNS Fund has the capacity, rights and obligations of a natural person, and the Director of the HNS Fund is its legal representative. HNS Fund to be party to legal proceedings 74.32 (1) If a claimant commences an action against the owner of a ship or the owner’s guarantor in respect of a matter referred to in section 74.24 or Article 7 of the Hazardous and Noxious Substances Convention, (a) the document commencing the proceedings shall be served on the HNS Fund and that Fund is then a party to the proceedings; and (b) the HNS Fund may appear and take any action that its Director considers appropriate for the proper administration of that Fund. Method of service on HNS Fund (2) In addition to any method of service permitted by the rules of the court in which a proceeding is commenced, service of documents on the HNS Fund under paragraph (1)(a) may be effected by registered mail.
Marine Liability Act — M-0.7 74.31
Legal capacity of HNS Fund 74.31 For the purposes of the rights and obligations referred to in section 74.32, the HNS Fund has the capacity, rights and obligations of a natural person, and the Director of the HNS Fund is its legal representative.