LIABILITY FOR CARRIAGE OF PASSENGERS BY WATER
35. The definitions in this section apply in this Part.
« Convention »
“Convention” means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, concluded at Athens on December 13, 1974, as amended by the Protocol, Articles 1 to 22 of which Convention are set out in Part 1 of Schedule 2.
« Protocole »
“Protocol” means the Protocol of 1990 to amend the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, concluded at London on March 29, 1990, Articles III and VIII of which are set out in Part 2 of Schedule 2.
Marginal note:Extended meaning of expressions
36. (1) For the purposes of this Part and Articles 1 to 22 of the Convention,
(a) the definition “ship” in Article 1 of the Convention shall be read as including 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 whether seagoing or not, but not including an air cushion vehicle; and
(b) in the definition “contract of carriage” in Article 1 of the Convention, the expression “carriage by sea” shall be read as “carriage by water”.
Marginal note:Owners of ships
(2) For greater certainty, in the application of the Convention under this Part, Article 19 of the Convention applies to owners of all ships, whether seagoing or not.
Marginal note:Force of law
37. (1) Articles 1 to 22 of the Convention have the force of law in Canada.
Marginal note:Extended application
(2) Articles 1 to 22 of the Convention also apply in respect of
(a) the carriage by water, under a contract of carriage, of passengers or of passengers and their luggage from one place in Canada to the same or another place in Canada, either directly or by way of a place outside Canada; and
(b) the carriage by water, otherwise than under a contract of carriage, of persons or of persons and their luggage, excluding
(i) the master of a ship, a member of a ship’s crew or any other person employed or engaged in any capacity on board a ship on the business of the ship, and
(ii) a person carried on board a ship other than a ship operated for a commercial or public purpose.
Marginal note:State Party to the Convention
38. For purposes of the application of the Convention, Canada is a State Party to the Convention.
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