GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 1
1 Upon the request of at least one quarter of the Contracting States, any proposal to amend the limit of the amount of compensation laid down in article 4, paragraph 2 (a), shall be circulated by the Secretary-General to all Members of the Organization and to all Contracting States.
Marine Liability Act — M-0.7 3
3 All Contracting States to this Protocol, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Legal Committee for the consideration and adoption of amendments.
Marine Liability Act — M-0.7 5
5 When acting on a proposal to amend the limit, the Legal Committee shall take into account the experience of incidents and in particular the amount of damage resulting therefrom and changes in the monetary values.
Marine Liability Act — M-0.7 6
6 (a) No amendments of the limit under this article may be considered before the date of entry into force of this Protocol nor less than three years from the date of entry into force of a previous amendment under this article. (b) The limit may not be increased so as to exceed an amount which corresponds to the limit laid down in this Protocol increased by six per cent per year calculated on a compound basis from the date when this Protocol is opened for signature to the date on which the Legal Committee’s decision comes into force. (c) The limit may not be increased so as to exceed an amount which corresponds to the limit laid down in this Protocol multiplied by three.
Marine Liability Act — M-0.7 (b)
(b) The limit may not be increased so as to exceed an amount which corresponds to the limit laid down in this Protocol increased by six per cent per year calculated on a compound basis from the date when this Protocol is opened for signature to the date on which the Legal Committee’s decision comes into force.
Marine Liability Act — M-0.7 (c)
(c) The limit may not be increased so as to exceed an amount which corresponds to the limit laid down in this Protocol multiplied by three.
Marine Liability Act — M-0.7 7
7 Any amendment adopted in accordance with paragraph 4 shall be notified by the Organization to all Contracting States. The amendment shall be deemed to have been accepted at the end of a period of twelve months after the date of notification, unless within that period not less than one quarter of the States that were Contracting States at the time of the adoption of the amendment by the Legal Committee have communicated to the Organization that they do not accept the amendment, in which case the amendment is rejected and shall have no effect.
Marine Liability Act — M-0.7 8
8 An amendment deemed to have been accepted in accordance with paragraph 7 shall enter into force twelve months after its acceptance.
Marine Liability Act — M-0.7 9
9 All Contracting States shall be bound by the amendment, unless they denounce this Protocol in accordance with article 26, paragraphs 1 and 2, at least six months before the amendment enters into force. Such denunciation shall take effect when the amendment enters into force.
Marine Liability Act — M-0.7 10
10 When an amendment has been adopted by the Legal Committee but the twelve-month period for its acceptance has not yet expired, a State which becomes a Contracting State during that period shall be bound by the amendment if it enters into force. A State which becomes a Contracting State after that period shall be bound by an amendment which has been accepted in accordance with paragraph 7 . In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when this Protocol enters into force for that State, if later.
Marine Liability Act — M-0.7 1
1 If the limits laid down in the 1992 Fund Convention have been increased by a Protocol thereto, the limit laid down in article 4, paragraph 2(a), may be increased by the same amount by means of the procedure set out in article 24. The provisions of article 24, paragraph 6, shall not apply in such cases.
Marine Liability Act — M-0.7 2
2 If the procedure referred to in paragraph 1 has been applied, any subsequent amendment of the limit laid down in article 4, paragraph 2, by application of the procedure in article 24 shall, for the purpose of article 24, paragraphs 6(b) and (c), be calculated on the basis of the new limit as increased in accordance with paragraph 1.
Marine Liability Act — M-0.7 1
1 If this Protocol ceases to be in force, the Supplementary Fund shall nevertheless: (a) meet its obligations in respect of any incident occurring before the Protocol ceased to be in force; (b) be entitled to exercise its rights to contributions to the extent that these contributions are necessary to meet the obligations under paragraph 1(a), including expenses for the administration of the Supplementary Fund necessary for this purpose.
Marine Liability Act — M-0.7 (b)
(b) be entitled to exercise its rights to contributions to the extent that these contributions are necessary to meet the obligations under paragraph 1(a), including expenses for the administration of the Supplementary Fund necessary for this purpose.
Marine Liability Act — M-0.7 2
2 The Assembly shall take all appropriate measures to complete the winding up of the Supplementary Fund, including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the Supplementary Fund.
Marine Liability Act — M-0.7 3
3 For the purposes of this article the Supplementary Fund shall remain a legal person.
Marine Liability Act — M-0.7 1
For the purposes of this Convention: 1 Ship means any seagoing vessel and seaborne craft, of any type whatsoever. 2 Person means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions. 3 Shipowner means the owner, including the registered owner, bareboat charterer, manager and operator of the ship. 4 Registered owner means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the ship’s operator, registered owner shall mean such company. 5 Bunker oil means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil. 6 Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage, 1992, as amended. 7 Preventive measures means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage. 8 Incident means any occurrence or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage. 9 Pollution damage means: (a) loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and (b) the costs of preventive measures and further loss or damage caused by preventive measures. 10 State of the ship’s registry means, in relation to a registered ship, the State of registration of the ship and, in relation to an unregistered ship, the State whose flag the ship is entitled to fly. 11 Gross tonnage means gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 of the International Convention on Tonnage Measurement of Ships, 1969. 12 Organization means the International Maritime Organization. 13 Secretary-General means the Secretary-General of the Organization.
Marine Liability Act — M-0.7 1
1 Ship means any seagoing vessel and seaborne craft, of any type whatsoever.
Marine Liability Act — M-0.7 3
3 Shipowner means the owner, including the registered owner, bareboat charterer, manager and operator of the ship.
Marine Liability Act — M-0.7 4
4 Registered owner means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the ship’s operator, registered owner shall mean such company.
Marine Liability Act — M-0.7 5
5 Bunker oil means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil.
Marine Liability Act — M-0.7 6
6 Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage, 1992, as amended.
Marine Liability Act — M-0.7 8
8 Incident means any occurrence or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage.
Marine Liability Act — M-0.7 9
9 Pollution damage means: (a) loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and (b) the costs of preventive measures and further loss or damage caused by preventive measures.
Marine Liability Act — M-0.7 (a)
(a) loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and
Marine Liability Act — M-0.7 10
10 State of the ship’s registry means, in relation to a registered ship, the State of registration of the ship and, in relation to an unregistered ship, the State whose flag the ship is entitled to fly.
Marine Liability Act — M-0.7 11
11 Gross tonnage means gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 of the International Convention on Tonnage Measurement of Ships, 1969.
Marine Liability Act — M-0.7 12
12 Organization means the International Maritime Organization.
Marine Liability Act — M-0.7 13
13 Secretary-General means the Secretary-General of the Organization.
Marine Liability Act — M-0.7 (a)
This Convention shall apply exclusively: (a) to pollution damage caused: (i) in the territory, including the territorial sea, of a State Party, and (ii) in the exclusive economic zone of a State Party, established in accordance with international law, or, if a State Party has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured; (b) to preventive measures, wherever taken, to prevent or minimize such damage.
Marine Liability Act — M-0.7 (a)
(a) to pollution damage caused: (i) in the territory, including the territorial sea, of a State Party, and (ii) in the exclusive economic zone of a State Party, established in accordance with international law, or, if a State Party has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured;
Marine Liability Act — M-0.7 (i)
(i) in the territory, including the territorial sea, of a State Party, and
Marine Liability Act — M-0.7 (ii)
(ii) in the exclusive economic zone of a State Party, established in accordance with international law, or, if a State Party has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured;
Marine Liability Act — M-0.7 1
1 Except as provided in paragraphs 3 and 4, the shipowner at the time of an incident shall be liable for pollution damage caused by any bunker oil on board or originating from the ship, provided that, if an incident consists of a series of occurrences having the same origin, the liability shall attach to the shipowner at the time of the first of such occurrences.
Marine Liability Act — M-0.7 2
2 Where more than one person is liable in accordance with paragraph 1, their liability shall be joint and several.
Marine Liability Act — M-0.7 3
3 No liability for pollution damage shall attach to the shipowner if the shipowner proves that: (a) the damage resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or (b) the damage was wholly caused by an act or omission done with the intent to cause damage by a third party; or (c) the damage was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
Marine Liability Act — M-0.7 (a)
(a) the damage resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or
Marine Liability Act — M-0.7 (b)
(b) the damage was wholly caused by an act or omission done with the intent to cause damage by a third party; or
Marine Liability Act — M-0.7 (c)
(c) the damage was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
Marine Liability Act — M-0.7 4
4 If the shipowner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the shipowner may be exonerated wholly or partially from liability to such person.
Marine Liability Act — M-0.7 5
5 No claim for compensation for pollution damage shall be made against the shipowner otherwise than in accordance with this Convention.
Marine Liability Act — M-0.7 6
6 Nothing in this Convention shall prejudice any right of recourse of the shipowner which exists independently of this Convention.
Marine Liability Act — M-0.7 1
1 This Convention shall not apply to pollution damage as defined in the Civil Liability Convention, whether or not compensation is payable in respect of it under that Convention.
Marine Liability Act — M-0.7 2
2 Except as provided in paragraph 3, the provisions of this Convention shall not apply to warships, naval auxiliary or other ships owned or operated by a State and used, for the time being, only on Government non-commercial service.
Marine Liability Act — M-0.7 3
3 A State Party may decide to apply this Convention to its warships or other ships described in paragraph 2, in which case it shall notify the Secretary-General thereof specifying the terms and conditions of such application.
Marine Liability Act — M-0.7 4
4 With respect to ships owned by a State Party and used for commercial purposes, each State shall be subject to suit in the jurisdictions set forth in article 9 and shall waive all defences based on its status as a sovereign State.
Marine Liability Act — M-0.7
When an incident involving two or more ships occurs and pollution damage results therefrom, the shipowners of all the ships concerned, unless exonerated under article 3, shall be jointly and severally liable for all such damage which is not reasonably separable.
Marine Liability Act — M-0.7
Nothing in this Convention shall affect the right of the shipowner and the person or persons providing insurance or other financial security to limit liability under any applicable national or international regime, such as the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.
Marine Liability Act — M-0.7 1
1 The registered owner of a ship having a gross tonnage greater than 1000 registered in a State Party shall be required to maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover the liability of the registered owner for pollution damage in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases, not exceeding an amount calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.
Marine Liability Act — M-0.7 2
2 A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship after the appropriate authority of a State Party has determined that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party such certificate shall be issued or certified by the appropriate authority of the State of the ship’s registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This certificate shall be in the form of the model set out in the annex to this Convention and shall contain the following particulars: (a) name of ship, distinctive number or letters and port of registry; (b) name and principal place of business of the registered owner; (c) IMO ship identification number; (d) type and duration of security; (e) name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established; (f) period of validity of the certificate which shall not be longer than the period of validity of the insurance or other security.
Marine Liability Act — M-0.7 (a)
(a) name of ship, distinctive number or letters and port of registry;
Marine Liability Act — M-0.7 (b)
(b) name and principal place of business of the registered owner;
Marine Liability Act — M-0.7 (e)
(e) name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established;
Marine Liability Act — M-0.7 (f)
(f) period of validity of the certificate which shall not be longer than the period of validity of the insurance or other security.
Marine Liability Act — M-0.7 3
3 (a) A State Party may authorize either an institution or an organization recognized by it to issue the certificate referred to in paragraph 2. Such institution or organization shall inform that State of the issue of each certificate. In all cases, the State Party shall fully guarantee the completeness and accuracy of the certificate so issued and shall undertake to ensure the necessary arrangements to satisfy this obligation. (b) A State Party shall notify the Secretary-General of : (i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognised by it; (ii) the withdrawal of such authority; and (iii) the date from which such authority or withdrawal of such authority takes effect. An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General. (c) The institution or organization authorized to issue certificates in accordance with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not maintained. In all cases the institution or organization shall report such withdrawal to the State on whose behalf the certificate was issued.
Marine Liability Act — M-0.7 (b)
(b) A State Party shall notify the Secretary-General of : (i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognised by it; (ii) the withdrawal of such authority; and (iii) the date from which such authority or withdrawal of such authority takes effect. An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General.
Marine Liability Act — M-0.7 (i)
(i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognised by it;
Marine Liability Act — M-0.7 (ii)
(ii) the withdrawal of such authority; and
Marine Liability Act — M-0.7 (iii)
(iii) the date from which such authority or withdrawal of such authority takes effect.
Marine Liability Act — M-0.7
An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General.
Marine Liability Act — M-0.7 (c)
(c) The institution or organization authorized to issue certificates in accordance with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not maintained. In all cases the institution or organization shall report such withdrawal to the State on whose behalf the certificate was issued.
Marine Liability Act — M-0.7 4
4 The certificate shall be in the official language or languages of the issuing State. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages and, where the State so decides, the official language of the State may be omitted.
Marine Liability Act — M-0.7 5
5 The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship’s registry or, if the ship is not registered in a State Party, with the authorities issuing or certifying the certificate.
Marine Liability Act — M-0.7 6
6 An insurance or other financial security shall not satisfy the requirements of this article if it can cease, for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate under paragraph 2 of this article, before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 5 of this article, unless the certificate has been surrendered to these authorities or a new certificate has been issued within the said period. The foregoing provisions shall similarly apply to any modification which results in the insurance or security no longer satisfying the requirements of this article.
Marine Liability Act — M-0.7 7
7 The State of the ship’s registry shall, subject to the provisions of this article, determine the conditions of issue and validity of the certificate.
Marine Liability Act — M-0.7 8
8 Nothing in this Convention shall be construed as preventing a State Party from relying on information obtained from other States or the Organization or other international organisations relating to the financial standing of providers of insurance or financial security for the purposes of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as a State issuing the certificate required by paragraph 2.