GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 24
Definitions 24 The following definitions apply in this Division. Convention means the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on November 19, 1976, as amended by the Protocol, Articles 1 to 15 of which Convention are set out in Part 1 of Schedule 1 and Article 18 of which is set out in Part 2 of that Schedule. ( Convention ) maritime claim means a claim described in Article 2 of the Convention for which a person referred to in Article 1 of the Convention is entitled to limitation of liability. ( créance maritime ) passenger means (a) a person carried on board a ship in circumstances described in paragraph 2(a) or (b) of Article 7 of the Convention; (b) a participant in an adventure tourism activity referred to in subsection 37.1(1); (c) a person carried on board a vessel propelled manually by paddles or oars and operated for a commercial or public purpose; and (d) a sail trainee. ( passager ) Protocol means the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on May 2, 1996, Articles 8 and 9 of which are set out in Part 2 of Schedule 1. ( Protocole ) unit of account means a special drawing right issued by the International Monetary Fund. ( unités de compte ) 2001, c. 6, s. 24; 2009, c. 21, s. 1 2023, c. 26, s. 309
Marine Liability Act — M-0.7
Convention means the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on November 19, 1976, as amended by the Protocol, Articles 1 to 15 of which Convention are set out in Part 1 of Schedule 1 and Article 18 of which is set out in Part 2 of that Schedule. ( Convention )
Marine Liability Act — M-0.7
maritime claim means a claim described in Article 2 of the Convention for which a person referred to in Article 1 of the Convention is entitled to limitation of liability. ( créance maritime )
Marine Liability Act — M-0.7 (a)
passenger means (a) a person carried on board a ship in circumstances described in paragraph 2(a) or (b) of Article 7 of the Convention; (b) a participant in an adventure tourism activity referred to in subsection 37.1(1); (c) a person carried on board a vessel propelled manually by paddles or oars and operated for a commercial or public purpose; and (d) a sail trainee. ( passager )
Marine Liability Act — M-0.7
Protocol means the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on May 2, 1996, Articles 8 and 9 of which are set out in Part 2 of Schedule 1. ( Protocole )
Marine Liability Act — M-0.7
unit of account means a special drawing right issued by the International Monetary Fund. ( unités de compte )
Marine Liability Act — M-0.7 25
Extended meaning of expressions 25 (1) For the purposes of this Division and Articles 1 to 15 of the Convention, (a) ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includes (i) a ship in the process of construction from the time that it is capable of floating, and (ii) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up, but does not include an air cushion vehicle or a floating platform constructed for the purpose of exploring or exploiting the natural resources or the subsoil of the sea-bed; (b) the definition shipowner in paragraph 2 of Article 1 of the Convention shall be read without reference to the word “seagoing” and as including any person who has an interest in or possession of a ship from and including its launching; and (c) the expression “carriage by sea” in paragraph 1(b) of Article 2 of the Convention shall be read as “carriage by water”. Inconsistency (2) In the event of any inconsistency between sections 28 to 34 of this Act and Articles 1 to 15 of the Convention, those sections prevail to the extent of the inconsistency. 2001, c. 6, s. 25 2023, c. 26, s. 310
Marine Liability Act — M-0.7 26
Force of law 26 (1) Subject to the other provisions of this Division, Articles 1 to 15 and 18 of the Convention and Articles 8 and 9 of the Protocol have the force of law in Canada. Amendments to Part 3 of Schedule 1 (2) The Governor in Council may, by regulation, amend Part 3 of Schedule 1 to add or delete a reservation made by Canada under Article 18 of the Convention. Exceptions (3) This Division does not apply to a claim that is the subject of a reservation made by Canada. 2001, c. 6, s. 26; 2009, c. 21, s. 2 2023, c. 26, s. 311
Marine Liability Act — M-0.7 27
State Party to the Convention 27 For purposes of the application of the Convention, Canada is a State Party to the Convention.
Marine Liability Act — M-0.7 28
Passenger claims 28 (1) The maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to passengers of a ship of less than 300 gross tonnage is the greater of (a) 2 000 000 units of account, and (b) 175 000 units of account multiplied by (i) the number of passengers that the ship is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001 , or (ii) the number of passengers on board the ship, if no Canadian maritime document is required under that Act. Claims — no contract of carriage (2) The maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to persons carried on board a ship of less than 300 gross tonnage otherwise than under a contract of passenger carriage is the greater of (a) 2 000 000 units of account, and (b) 175 000 units of account multiplied by (i) the number of passengers that the ship is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001 , or (ii) the number of persons on board the ship, if no Canadian maritime document is required under that Act. Exception (3) Subsection (2) does not apply in respect of (a) the master of a ship, a member of a ship’s crew — or any other person employed or engaged in any capacity on the business of a ship — when they are carried on board the ship; (b) a person carried on board a ship other than a ship operated for a commercial or public purpose; (c) a person carried on board a ship in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented; (c.1) a stowaway, a trespasser or any other person who boards a ship without the consent or knowledge of the master or the owner; or (d) a person who is a member of a class of persons prescribed under paragraph 34.1(a). 2001, c. 6, s. 28; 2009, c. 21, s. 3
Marine Liability Act — M-0.7 29
Other claims 29 The maximum liability for maritime claims that arise on any distinct occasion involving a ship of less than 300 gross tonnage, other than claims referred to in section 28, is (a) $1,500,000 in respect of claims for loss of life or personal injury; and (b) $750,000 in respect of any other claims. 2001, c. 6, s. 29, c. 26, s. 324; 2009, c. 21, s. 3 2023, c. 26, s. 312
Marine Liability Act — M-0.7 29.1
Calculation of tonnage 29.1 For the purposes of sections 28 and 29, a ship’s gross tonnage shall be calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969, concluded at London on June 23, 1969, including any amendments, whenever they are made, to the Annexes or Appendix to that Convention. 2009, c. 21, s. 3
Marine Liability Act — M-0.7 30
Limitation of liability 30 (1) The maximum liability of an owner of a dock, canal or port, for a claim that arises on any distinct occasion for loss caused to a ship, or to any cargo or other property on board a ship, is the greater of (a) $2,000,000, and (b) the amount calculated by multiplying $1,000 by the number of tons of the gross tonnage of the largest ship that is at the time of the loss, or had been within a period of five years before that time, within the area of the dock, canal or port over which the owner had control or management. Calculation of tonnage (2) For the purposes of subsection (1), a ship’s gross tonnage shall be calculated in the manner described in section 29.1. Application (3) The maximum liability specified in subsection (1) also applies to any person for whose act or omission the owner is responsible. Conduct barring limitation (4) This section does not apply to an owner, or a person for whose act or omission the owner is responsible, if it is proved that the loss resulted from the personal act or omission of that owner or that person, as the case may be, committed with intent to cause the loss or recklessly and with knowledge that the loss would probably result. Meaning of terms (5) For the purposes of this section, (a) “dock” includes wet docks and basins, tidal-docks and basins, locks, cuts, entrances, dry docks, graving docks, gridirons, slips, quays, wharfs, piers, stages, landing places, jetties and synchrolifts; and (b) “owner of a dock, canal or port” includes any person or authority having the control or management of the dock, canal or port and any ship repairer using the dock, canal or port. 2001, c. 6, s. 30; 2009, c. 21, s. 4
Marine Liability Act — M-0.7 31
Amendment of limits 31 (1) The Governor in Council may, by regulation, amend Schedule 1 to implement an amendment that is made in accordance with Article 8 of the Protocol to any of the limits of liability that are specified in paragraph 1 of Article 6 or paragraph 1 of Article 7 of the Convention. Amendment of sections 28, 29 and 30 (2) The Governor in Council may, by regulation, amend the limits of liability set out in sections 28, 29 and 30. 2001, c. 6, s. 31; 2009, c. 21, s. 5
Marine Liability Act — M-0.7 32
Jurisdiction of Admiralty Court 32 (1) The Admiralty Court has exclusive jurisdiction with respect to any matter relating to the constitution and distribution of a limitation fund under Articles 11 to 13 of the Convention. Right to assert limitation defence (2) Where a claim is made or apprehended against a person in respect of liability that is limited by section 28, 29 or 30 of this Act or paragraph 1 of Article 6 or 7 of the Convention, that person may assert the right to limitation of liability in a defence filed, or by way of action or counterclaim for declaratory relief, in any court of competent jurisdiction in Canada.
Marine Liability Act — M-0.7 33
Powers of Admiralty Court 33 (1) Where a claim is made or apprehended against a person in respect of liability that is limited by section 28 or 29 of this Act or paragraph 1 of Article 6 or 7 of the Convention, the Admiralty Court, on application by that person or any other interested person, including a person who is a party to proceedings in relation to the same subject-matter before another court, tribunal or authority, may take any steps it considers appropriate, including (a) determining the amount of the liability and providing for the constitution and distribution of a fund under Articles 11 and 12 of the Convention; (a.1) permitting that person to reduce the amount that they are required to pay to the fund by up to an amount equal to the sum of any amounts paid to a claimant before the constitution of the fund in respect of a maritime claim for oil pollution damage caused by oil of any kind or in any form other than oil as defined in Article I of the Civil Liability Convention as defined in subsection 47(1); (b) joining interested persons as parties to the proceedings, excluding any claimants who do not make a claim within a certain time, requiring security from the person claiming limitation of liability or from any other interested person and requiring the payment of any costs; and (c) enjoining any person from commencing or continuing proceedings in any court, tribunal or authority other than the Admiralty Court in relation to the same subject-matter. Court may postpone distribution (2) In providing for the distribution of a fund under paragraph (1)(a) in relation to any liability, the Admiralty Court may, having regard to any claim that may subsequently be established before a court, tribunal or other authority outside Canada in respect of that liability, postpone the distribution of any part of the fund that it considers appropriate. Lien and other rights (3) No lien or other right in respect of a ship or other property affects the proportions in which a fund is distributed by the Admiralty Court. Procedural matters (4) The Admiralty Court may (a) make any rule of procedure it considers appropriate with respect to proceedings before it under this section; and (b) determine what form of guarantee it considers to be adequate for the purposes of paragraph 2 of Article 11 of the Convention. Interest (5) For the purposes of Article 11 of the Convention, interest is payable at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act. 2001, c. 6, s. 33 2023, c. 26, s. 313
Marine Liability Act — M-0.7 33.1
Public notice 33.1 (1) In the case of a maritime claim referred to in paragraph 33(1)(a.1), the person constituting the fund must, as soon as feasible, give notice of the fund’s constitution in (a) the Canada Gazette ; (b) a newspaper in general circulation in the region where the incident occurred; and (c) any other appropriate manner in the communities potentially affected by the incident. Accessibility (2) Notices given under paragraphs (1)(b) and (c) are to be made accessible to the public for a period of at least 30 days. Proof of accessibility (3) The person constituting the fund must, within 15 days after the 30th day of the period referred to in subsection (2), file evidence in the Admiralty Court that the notices have been made accessible to the public for a period of at least 30 days. Court order in case of non-compliance (4) 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. 2023, c. 26, s. 314
Marine Liability Act — M-0.7 34
Release of ships, etc. 34 (1) If a ship or other property is released under paragraph 2 of Article 13 of the Convention, in any case other than one in which a fund has been constituted in a place described in paragraphs 2(a) to (d) of that Article, the person who obtained the release is deemed to have submitted to the jurisdiction of the court that ordered the release for the purpose of determining the claim. Limitation fund in state other than Canada (2) In considering whether to release a ship or other property referred to in subsection (1), the court shall not have regard to a limitation fund constituted in a country other than Canada unless the court is satisfied that the country is a State Party to the Convention. 2001, c. 6, s. 34 2023, c. 26, s. 315
Marine Liability Act — M-0.7 34.1
Governor in Council 34.1 The Governor in Council may make regulations (a) prescribing classes of persons for the purpose of paragraph 28(3)(d); and (b) generally for carrying out the purposes and provisions of this Division. 2009, c. 21, s. 6 2023, c. 26, s. 316
Marine Liability Act — M-0.7 34.2
Definitions 34.2 The following definitions apply in this Division. Convention means the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on November 19, 1976, as amended by the Protocol, Articles 1 to 15 of which Convention are set out in Part 1 of Schedule 1. ( Convention ) owner , in relation to an air cushion vehicle, means the owner, charterer, manager and operator of an air cushion vehicle. ( propriétaire ) passenger means (a) a person carried on board an air cushion vehicle (i) under a contract of passenger carriage, or (ii) to accompany, with the consent of the carrier, a vehicle or live animals which are covered by a contract for the carriage of goods; or (b) a participant in an adventure tourism activity referred to in subsection 37.1(1). ( passager ) Protocol means the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on May 2, 1996. ( Protocole ) 2023, c. 26, s. 317
Marine Liability Act — M-0.7
Convention means the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on November 19, 1976, as amended by the Protocol, Articles 1 to 15 of which Convention are set out in Part 1 of Schedule 1. ( Convention )
Marine Liability Act — M-0.7
owner , in relation to an air cushion vehicle, means the owner, charterer, manager and operator of an air cushion vehicle. ( propriétaire )
Marine Liability Act — M-0.7 (a)
passenger means (a) a person carried on board an air cushion vehicle (i) under a contract of passenger carriage, or (ii) to accompany, with the consent of the carrier, a vehicle or live animals which are covered by a contract for the carriage of goods; or (b) a participant in an adventure tourism activity referred to in subsection 37.1(1). ( passager )
Marine Liability Act — M-0.7
Protocol means the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on May 2, 1996. ( Protocole )
Marine Liability Act — M-0.7 34.3
Force of law 34.3 (1) Subject to the other provisions of this Division, Article 1, paragraphs 1(a) to (c), (e) and (f) and paragraph 2 of Article 2, paragraphs (a), (c) and (e) of Article 3, Articles 4 and 5, paragraphs 2 and 3 of Article 6, paragraph 1 of Article 9 and Articles 10 to 14 of the Convention have the force of law in Canada in relation to air cushion vehicles. Adaptation — Convention (2) For the purposes of this Division, the provisions of the Convention referred to in subsection (1) are adapted as follows: (a) a reference to “ship” or “vessel” is to be read as a reference to “air cushion vehicle”; (b) a reference to “shipowner” is to be read as a reference to “owner”; (c) paragraph 2 of Article 1 of the Convention is to be read without reference to the word “seagoing”; (d) the expression “carriage by sea” in paragraph 1(b) of Article 2 of the Convention is to be read as “carriage by water”; (e) the first reference to “paragraph 1(a)” in paragraph 2 of Article 6 of the Convention is to be read as reference to “subsection 34.4(1), (2) or (4)” of this Act and the second reference to “paragraph 1(a)” is to be read as a reference to “subsections 34.4(1), (2) and (4) in proportion to the amount of the established claims under each of those subsections”; (f) a reference to “paragraph 1(b)” in paragraphs 2 and 3 of Article 6 of the Convention is to be read as a reference to “subsection 34.4(5)” of this Act; (g) the reference to “Article 6” in paragraph 1 of Article 9 of the Convention is to be read as a reference to “section 34.4” of this Act; (h) the reference to “Articles 6 and 7” in paragraph 1 of Article 11 of the Convention is to be read as a reference to “section 34.4” of this Act; and (i) the reference to “the provisions of paragraphs 1, 2 and 3 of Article 6 and of Article 7” in paragraph 1 of Article 12 of the Convention is to be read as a reference to “section 34.4” of this Act. Inconsistency (3) In the event of any inconsistency between sections 34.4 to 34.7 of this Act and the provisions of the Convention referred to in subsection (1), those sections prevail to the extent of the inconsistency. 2023, c. 26, s. 317
Marine Liability Act — M-0.7 34.4
Passenger claims 34.4 (1) The maximum liability for claims that arise on any distinct occasion for loss of life or personal injury to passengers of an air cushion vehicle of less than 8 000 kg all up weight is the greater of (a) $3,500,000, and (b) $300,000 multiplied by (i) the number of passengers that the air cushion vehicle is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001 , or (ii) the number of passengers on board the air cushion vehicle, if no Canadian maritime document is required under that Act. Claims — no contract of carriage (2) The maximum liability for claims that arise on any distinct occasion for loss of life or personal injury to persons carried on board an air cushion vehicle of less than 8 000 kg all up weight otherwise than under a contract of passenger carriage is the greater of (a) $3,500,000, and (b) $300,000 multiplied by (i) the number of passengers that the air cushion vehicle is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001 , or (ii) the number of persons on board the air cushion vehicle, if no Canadian maritime document is required under that Act. Exception (3) Subsection (2) does not apply in respect of (a) the master of an air cushion vehicle, a member of an air cushion vehicle’s crew — or any other person employed or engaged in any capacity on the business of an air cushion vehicle — when they are carried on board the air cushion vehicle; (b) a person carried on board an air cushion vehicle that is not operated for a commercial or public purpose; (c) a person carried on board an air cushion vehicle in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner of the air cushion vehicle could have prevented; or (d) a stowaway, a trespasser or any other person who boards an air cushion vehicle without the consent or knowledge of the master or the owner of the air cushion vehicle. Other claims — loss of life or personal injury (4) The maximum liability for claims that arise on any distinct occasion for loss of life or personal injury involving an air cushion vehicle, other than claims referred to in subsections (1) and (2), is (a) $1,500,000 for an air cushion vehicle of less than 8 000 kg all up weight; (b) $5,000,000 for an air cushion vehicle of 8 000 kg or more but less than 13 000 kg all up weight; and (c) $5,000,000 for an air cushion vehicle of 13 000 kg or more all up weight, plus $40 for each kilogram that exceeds 13 000 kg. Other claims (5) The maximum liability for claims that arise on any distinct occasion involving an air cushion vehicle, other than claims referred to in subsections (1), (2) and (4), is (a) $750,000 for an air cushion vehicle of less than 8 000 kg all up weight; (b) $2,500,000 for an air cushion vehicle of 8 000 kg or more but less than 13 000 kg all up weight; and (c) $2,500,000 for an air cushion vehicle of 13 000 kg or more all up weight, plus $20 for each kilogram that exceeds 13 000 kg. 2023, c. 26, s. 317
Marine Liability Act — M-0.7 34.5
Jurisdiction of Admiralty Court 34.5 (1) The Admiralty Court has exclusive jurisdiction with respect to any matter relating to the constitution and distribution of a limitation fund under Articles 11 to 13 of the Convention. Right to assert limitation defence (2) If a claim is made or apprehended against a person in respect of liability that is limited by section 34.4, that person may assert the right to limitation of liability in a defence filed, or by way of action or counterclaim for declaratory relief, in any court of competent jurisdiction in Canada. 2023, c. 26, s. 317