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Marine Liability Act (S.C. 2001, c. 6)

Assented to 2001-05-10

Marine Liability Act

S.C. 2001, c. 6

Assented to 2001-05-10

An Act respecting marine liability, and to validate certain by-laws and regulations

SUMMARY

This enactment consolidates certain rules of Canadian maritime law governing the civil liability of shipowners for loss of life, personal injuries and damage to property.

Part 1 modernizes and extends the scope of the fatal accidents regime formerly in the Canada Shipping Act.

Part 2 settles the rules for the apportionment of liability among parties at fault.

Part 3 continues in force in Canada an international convention governing the limitation of liablity for maritime claims together with certain statutory provisions.

Part 4 implements the regime of shipowners’ liability to passengers set out in another international convention.

Part 5 re-enacts and revises the provisions of the Carriage of Goods by Water Act respecting the application of the Hague-Visby Rules in Canada and the eventual implementation of the Hamburg Rules.

Part 6 continues the existing regime governing liability and compensation for maritime oil pollution.

Part 7 validates certain by-laws relating to harbour dues tariffs and certain regulations relating to pilotage tariffs.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Marine Liability Act.

INTERPRETATION

Marginal note:Definitions

2. The definitions in this section apply in this Act.

“Admiralty Court”

« Cour d’amirauté »

“Admiralty Court” means the Federal Court.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

HER MAJESTY

Marginal note:Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or a province.

PART 1

PERSONAL INJURIES AND FATALITIES

Interpretation and Application

Definition of “dependant”

4. In this Part, “dependant”, in relation to an injured or deceased person, means an individual who was one of the following in relation to the injured or deceased person at the time the cause of action arose, in the case of an injured person, or at the time of death, in the case of a deceased person:

  • (a) a son, daughter, stepson, stepdaughter, grandson, granddaughter, adopted son or daughter, or an individual for whom the injured or deceased person stood in the place of a parent;

  • (b) a spouse, or an individual who was cohabiting with the injured or deceased person in a conjugal relationship having so cohabited for a period of at least one year; or

  • (c) a brother, sister, father, mother, grandfather, grandmother, stepfather, stepmother, adoptive father or mother, or an individual who stood in the place of a parent.

Marginal note:Application of this Part

5. This Part applies in respect of a claim that is made or a remedy that is sought under or by virtue of Canadian maritime law, as defined in the Federal Court Act, or any other law of Canada in relation to any matter coming within the class of navigation and shipping.

Liability to Dependants

Marginal note:Damages for personal injury

  • 6. (1) If a person is injured by the fault or neglect of another under circumstances that entitle the person to recover damages, the dependants of the injured person may maintain an action in a court of competent jurisdiction for their loss resulting from the injury against the person from whom the injured person is entitled to recover.

  • Marginal note:Damages for death

    (2) If a person dies by the fault or neglect of another under circumstances that would have entitled the person, if not deceased, to recover damages, the dependants of the deceased person may maintain an action in a court of competent jurisdiction for their loss resulting from the death against the person from whom the deceased person would have been entitled to recover.

  • Marginal note:Inclusion in damages

    (3) The damages recoverable by a dependant of an injured or deceased person may include

    • (a) an amount to compensate for the loss of guidance, care and companionship that the dependant could reasonably have expected to receive from the injured or deceased person if the injury or death had not occurred; and

    • (b) any amount to which a public authority may be subrogated in respect of payments consequent on the injury or death that are made to or for the benefit of the injured or deceased person or the dependant.

  • Marginal note:Excluded factors

    (4) In the assessment of damages, any amount paid or payable on the death of the deceased person or any future premiums payable under a contract of insurance shall not be taken into account.

  • Marginal note:Apportionment

    (5) The damages recoverable by a dependant are subject to any apportionment made under Part 2.