GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 56
By whom certificate to be issued 56 (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 Civil Liability 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 Civil Liability 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 Civil Liability Convention, the Minister shall issue the certificate to the owner of the ship, if he or she is satisfied that a contract of insurance or other security satisfying the requirements of Article VII 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 55 (1), or that the contract of insurance or other security will not cover the owner’s liability under the Civil Liability 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 55 (1), or that the contract of insurance or other security no longer covers the owner’s liability under the Civil Liability Convention, the Minister may revoke the certificate issued by him or her. 2001, c. 6, s. 56; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 57
Force of law 57 Articles 1 to 4, 6 to 10, 12 to 15, 36 ter , 29, 33 and 37 of the Fund Convention — that are set out in Schedule 6 — have the force of law in Canada. 2001, c. 6, s. 57; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 58
Contracting State 58 For the purposes of the application of the Fund Convention, Canada is a Contracting State. 2001, c. 6, s. 58; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 59
Schedule 6 — limits amendment 59 The Governor in Council may, by regulation, amend Schedule 6 to implement an amendment — to the limits of liability that are specified in paragraph 4 of Article 4 of the Fund Convention — that is made in accordance with Article 33 of that Convention. 2001, c. 6, s. 59; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 60
Meaning of associated persons 60 For the purposes of the application of the Fund Convention, if two bodies are affiliated with each other within the meaning of section 2 of the Canada Business Corporations Act , they are deemed to be associated persons within the meaning of Associated person in paragraph 2(b) of Article 10 of that Convention. 2001, c. 6, s. 60; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 61
Legal capacity of International Fund 61 For the purposes of the rights and obligations referred to in section 62 , the International Fund has the capacity, rights and obligations of a natural person, and the Director of the International Fund is its legal representative. 2001, c. 6, s. 61; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 62
International Fund to be party to legal proceedings 62 (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 51 or Article III of the Civil Liability Convention, (a) the document commencing the proceedings shall be served on the International Fund and that Fund is then a party to the proceedings; and (b) the International Fund may appear and take any action that its Director considers appropriate for the proper administration of that Fund. Method of service on International 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 International Fund under paragraph (1)(a) may be effected by registered mail. 2001, c. 6, s. 62; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 63
Force of law 63 Articles 1 to 15, 18, 20, 24, 25 and 29 of the Supplementary Fund Protocol — that are set out in Schedule 7 — have the force of law in Canada. 2001, c. 6, s. 63; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 64
Contracting State 64 For the purposes of the application of the Supplementary Fund Protocol, Canada is a Contracting State. 2001, c. 6, s. 64; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 65
Schedule 7 — limits amendment 65 The Governor in Council may, by regulation, amend Schedule 7 to implement an amendment — to the limits of liability that are in Article 4 of the Supplementary Fund Protocol — that is made in accordance with Article 24 of that Protocol. 2001, c. 6, s. 65; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 66
Meaning of associated persons 66 For the purposes of the application of the Supplementary Fund Protocol, if two bodies are affiliated with each other within the meaning of section 2 of the Canada Business Corporations Act , they are deemed to be associated persons within the meaning of Associated person in paragraph 2(b) of Article 10 of the Fund Convention. 2001, c. 6, s. 66; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 67
Legal capacity of Supplementary Fund 67 For the purposes of the rights and obligations referred to in section 68 , the Supplementary Fund has the capacity, rights and obligations of a natural person, and the Director of the Supplementary Fund is its legal representative. 2001, c. 6, s. 67; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 68
Supplementary Fund to be party to legal proceedings 68 (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 51 or Article III of the Civil Liability Convention, (a) the document commencing the proceedings shall be served on the Supplementary Fund and that Fund is then a party to the proceedings; and (b) the Supplementary Fund may appear and take any action that its Director considers appropriate for the proper administration of that Fund. Method of service on Supplementary Fund (2) In addition to any method of service permitted by the rules of the court in which proceedings are commenced, service of documents on the Supplementary Fund under paragraph (1)(a) may be effected by registered mail. 2001, c. 6, s. 68; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 68.1
Extended meaning of expressions 68.1 For the purposes of sections 69 to 74 and Articles 1 to 10 of the Bunkers Convention, the definition ship in Article 1 of the Bunkers Convention includes non-seagoing vessels and non-seaborne craft. 2023, c. 26, s. 327
Marine Liability Act — M-0.7 69
Force of law 69 Articles 1 to 10 of the Bunkers Convention — that are set out in Schedule 8 — have the force of law in Canada. 2001, c. 6, s. 69; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 70
State Party 70 (1) For the purposes of the application of the Bunkers Convention, Canada is a State Party. Appropriate authority (2) For the purposes of the application of Article 7 of the Bunkers Convention, the Minister is the appropriate authority for Canada. 2001, c. 6, s. 70; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 71
Liability for pollution and related costs 71 (1) The liability of the owner of a ship in relation to preventive measures, for the purposes of the Bunkers 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 bunker 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 bunker 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 3 of the Bunkers 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. 71; 2009, c. 21, s. 11; 2018, c. 27, s. 714 2023, c. 26, s. 328
Marine Liability Act — M-0.7 72
Application of Division 1 of Part 3 72 Division 1 of Part 3 applies to claims arising under the Bunkers Convention. 2001, c. 6, s. 72; 2009, c. 21, s. 11 2023, c. 26, s. 329
Marine Liability Act — M-0.7 73
Absence of certificate 73 (1) Unless a ship carries a certificate described in Article 7 of the Bunkers Convention issued in accordance with subsection 74(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. 73; 2009, c. 21, s. 11 2023, c. 26, s. 330
Marine Liability Act — M-0.7 74
By whom certificate to be issued 74 (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 Bunkers 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 Bunkers Convention, if the ship is registered in a state, other than Canada, that is not a party to that Convention. Designation by Minister (2) The Minister may designate a person to issue, refuse or revoke a certificate on the Minister’s behalf. Issuance of certificate by Minister (3) 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 Bunkers Convention, the Minister shall issue the certificate to the owner of the ship, if he or she is satisfied that a contract of insurance or other security satisfying the requirements of Article 7 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 (4) 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 73 (1), or that the contract of insurance or other security will not cover the owner’s liability under the Bunkers Convention, the Minister may refuse to issue the certificate. When Minister may revoke certificate (5) 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 73 (1), or that the contract of insurance or other security no longer covers the owner’s liability under the Bunkers Convention, the Minister may revoke the certificate issued by him or her. 2001, c. 6, s. 74; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 74.2
State Party 74.2 For the purposes of the application of the Hazardous and Noxious Substances Convention, Canada is a State Party. 2014, c. 29, s. 32
Marine Liability Act — M-0.7 74.3
Meaning of associated persons 74.3 For the purposes of the application of the Hazardous and Noxious Substances Convention, if two bodies are affiliated with each other within the meaning of section 2 of the Canada Business Corporations Act , they are deemed to be associated persons within the meaning of associated person in paragraph 6 of Article 16 of that Convention. 2014, c. 29, s. 34
Marine Liability Act — M-0.7 75
Definitions 75 The following definitions apply in this Division. discharge , in relation to a pollutant, means a discharge of a pollutant that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. ( rejet ) 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 any 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 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 ) pollutant means oil and any substance or class of substances identified by the regulations as a pollutant for the purposes of this Part and includes (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the waters’ quality to an extent that their use would be detrimental to humans or animals or plants that are useful to humans; and (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the waters’ quality to an extent that their use would be detrimental to humans or animals or plants that are useful to humans. ( polluant ) pollution damage , in relation to any ship, means loss or damage outside the ship caused by contamination resulting from the discharge of a pollutant from the ship. ( dommages dus à la pollution ) 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 ) 2001, c. 6, s. 75; 2009, c. 21, s. 11
Marine Liability Act — M-0.7
discharge , in relation to a pollutant, means a discharge of a pollutant that directly or indirectly results in the pollutant 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 any 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
owner 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 (a)
pollutant means oil and any substance or class of substances identified by the regulations as a pollutant for the purposes of this Part and includes (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the waters’ quality to an extent that their use would be detrimental to humans or animals or plants that are useful to humans; and (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the waters’ quality to an extent that their use would be detrimental to humans or animals or plants that are useful to humans. ( polluant )
Marine Liability Act — M-0.7
pollution damage , in relation to any ship, means loss or damage outside the ship caused by contamination resulting from the discharge of a pollutant from the ship. ( dommages dus à la pollution )
Marine Liability Act — M-0.7 (a)
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 )
Marine Liability Act — M-0.7 76
Geographical application 76 This Division applies in respect of actual or anticipated pollution damage, except for pollution damage covered by Division 1, irrespective of the location of the actual or anticipated discharge of the pollutant and irrespective of the location where any preventive measures are taken, (a) on Canada’s territory or in Canadian waters; or (b) in Canada’s exclusive economic zone. 2001, c. 6, s. 76; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 77
, repair, remedy or minimize oil 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, rank equally with other claims against any security given by that owner in respect of their liability under this section. Limitation period (6) No action lies in respect of a matter referred to in subsection (1) unless it is commenced (a) if pollution damage occurs, within the earlier of (i) three years after the day on which the pollution damage occurs, and (ii) six years after the occurrence that causes the pollution damage or, if the pollution damage is caused by more than one occurrence having the same origin, six years after the first of the occurrences; or (b) if no pollution damage occurs, within six years after the occurrence. 2001, c. 6, s. 77; 2009, c. 21, s. 11; 2018, c. 27, s. 715 2023, c. 26, s. 331
Marine Liability Act — M-0.7 78
Application of Part 3 78 Part 3 applies to any claim referred to in section 77. 2001, c. 6, s. 78; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 79
Jurisdiction 79 (1) The Admiralty Court has jurisdiction with respect to claims for compensation brought in Canada under any convention under Division 1 and claims for compensation under Division 2. Jurisdiction may be exercised in rem (2) The jurisdiction conferred on the Admiralty Court may be exercised 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. Exempt ships and cargoes (3) No action in rem may be commenced in Canada against (a) a warship, coast guard ship or police vessel; (b) a ship owned or operated by Canada or a province, or any cargo carried on such a ship, if the ship is engaged on government service; or (c) a ship owned or operated by a state, other than Canada, or any cargo carried on such a ship, with respect to a claim if, at the time the claim arises or the action is commenced, the ship is being used exclusively for non-commercial governmental purposes. 2001, c. 6, s. 79; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 80
Definitions 80 The following definitions apply in this section and in sections 81 to 89 . foreign judgment means a judgment — of a court of a state, other than Canada, that is a party to one of the following conventions or the protocol — rendered under the (a) Civil Liability Convention within the meaning of subsection 47 (1); (b) Fund Convention within the meaning of subsection 47 (1); (c) Supplementary Fund Protocol within the meaning of subsection 47 (1); (d) Bunkers Convention within the meaning of subsection 47 (1). ( jugement étranger ) judgment creditor means a person in whose favour a foreign judgment is rendered, and includes the person’s assigns, successors, heirs, executors, liquidators of the succession, administrators and legal representatives. ( bénéficiaire ) judgment debtor means a person against whom a foreign judgment is rendered, and includes a person against whom the foreign judgment is enforceable under the law of the state in which it is rendered. ( débiteur ) 2001, c. 6, s. 80; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 (a)
foreign judgment means a judgment — of a court of a state, other than Canada, that is a party to one of the following conventions or the protocol — rendered under the (a) Civil Liability Convention within the meaning of subsection 47 (1); (b) Fund Convention within the meaning of subsection 47 (1); (c) Supplementary Fund Protocol within the meaning of subsection 47 (1); (d) Bunkers Convention within the meaning of subsection 47 (1). ( jugement étranger )
Marine Liability Act — M-0.7
judgment creditor means a person in whose favour a foreign judgment is rendered, and includes the person’s assigns, successors, heirs, executors, liquidators of the succession, administrators and legal representatives. ( bénéficiaire )
Marine Liability Act — M-0.7
judgment debtor means a person against whom a foreign judgment is rendered, and includes a person against whom the foreign judgment is enforceable under the law of the state in which it is rendered. ( débiteur )
Marine Liability Act — M-0.7 81
Application 81 Sections 82 to 89 apply to a foreign judgment resulting from an occurrence that takes place after the convention or protocol under which the judgment is rendered comes into force in Canada. 2001, c. 6, s. 81; 2009, c. 21, s. 11