Marine Liability Act (S.C. 2001, c. 6)
Full Document:
Act current to 2013-04-29 and last amended on 2010-01-02. Previous Versions
Hamburg Rules
Marginal note:Report to Parliament
44. The Minister shall, before January 1, 2005 and every five years afterwards, consider whether the Hague-Visby Rules should be replaced by the Hamburg Rules and cause a report setting out the results of that consideration to be laid before each House of Parliament.
Marginal note:Effect
45. (1) The Hamburg Rules have the force of law in Canada in respect of contracts for the carriage of goods by water between different states as described in Article 2 of those Rules.
Marginal note:Extended application
(2) The Hamburg Rules also apply in respect of contracts for the carriage of goods by water from one place in Canada to another place in Canada, either directly or by way of a place outside Canada, unless the contract stipulates that those Rules do not apply.
Marginal note:Meaning of “Contracting State”
(3) For the purposes of this section, the expression “Contracting State” in Article 2 of the Hamburg Rules includes Canada and any state that gives the force of law to those Rules without being a Contracting State to the United Nations Convention on the Carriage of Goods by Sea, 1978.
Marginal note:References to “sea”
(4) For the purposes of this section, the word “sea” in the Hamburg Rules shall be read as “water”.
Marginal note:Signatures
(5) For the purposes of this section, paragraph 3 of article 14 of the Hamburg Rules applies in respect of the documents referred to in article 18 of those Rules.
Institution of Proceedings in Canada
Marginal note:Claims not subject to Hamburg Rules
46. (1) If a contract for the carriage of goods by water to which the Hamburg Rules do not apply provides for the adjudication or arbitration of claims arising under the contract in a place other than Canada, a claimant may institute judicial or arbitral proceedings in a court or arbitral tribunal in Canada that would be competent to determine the claim if the contract had referred the claim to Canada, where
(a) the actual port of loading or discharge, or the intended port of loading or discharge under the contract, is in Canada;
(b) the person against whom the claim is made resides or has a place of business, branch or agency in Canada; or
(c) the contract was made in Canada.
Marginal note:Agreement to designate
(2) Notwithstanding subsection (1), the parties to a contract referred to in that subsection may, after a claim arises under the contract, designate by agreement the place where the claimant may institute judicial or arbitral proceedings.
PART 6
LIABILITY AND COMPENSATION FOR POLLUTION
Division 1
International Conventions
Interpretation
Marginal note:Definitions
47. (1) The following definitions apply in this Division.
“Bunkers Convention”
« Convention sur les hydrocarbures de soute »
“Bunkers Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, concluded at London on March 23, 2001.
“Civil Liability Convention”
« Convention sur la responsabilité civile »
“Civil Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage, 1992, concluded at London on November 27, 1992, Article V of which was amended by the Resolution adopted by the Legal Committee of the International Maritime Organization on October 18, 2000.
“discharge”
« rejet »
“discharge”, in relation to oil and bunker oil, means a discharge of oil or bunker oil that directly or indirectly results in the oil or bunker oil entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.
“Fund Convention”
« Convention sur le Fonds international »
“Fund Convention” means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, concluded at London on November 27, 1992, Article 4 of which was amended by the Resolution adopted by the Legal Committee of the International Maritime Organization on October 18, 2000.
“in bulk”
« en vrac »
“in bulk” means in a hold or tank that is part of a ship’s structure, without any intermediate form of containment.
“International Fund”
« Fonds international »
“International Fund” means the International Oil Pollution Compensation Fund, 1992 established by Article 2 of the Fund Convention.
“owner”
Version anglaise seulement“owner”
(a) in relation to the Civil Liability Convention, has the same meaning as in Article I of that Convention;
(b) in relation to the Fund Convention, has the same meaning as in Article I of the Civil Liability Convention and as shipowner within the meaning of the Fund Convention;
(c) in relation to the Supplementary Fund Protocol, has the same meaning as in Article I of the Civil Liability Convention; and
(d) in relation to the Bunkers Convention, has the same meaning as the definition “Shipowner” in Article 1 of that Convention.
“Supplementary Fund”
« Fonds complémentaire »
“Supplementary Fund” means the International Oil Pollution Compensation Supplementary Fund, 2003 established by Article 2 of the Supplementary Fund Protocol.
“Supplementary Fund Protocol”
« Protocole portant création d’un Fonds complémentaire »
“Supplementary Fund Protocol” means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, concluded at London on May 16, 2003.
Marginal note:Words and expressions defined
(2) For the purposes of this Division and unless otherwise provided, words and expressions used in this Division have the same meaning as in the following applicable conventions:
(a) Article I of the Civil Liability Convention;
(b) Article 1 of the Fund Convention;
(c) Article 1 of the Supplementary Fund Protocol; and
(d) Article 1 of the Bunkers Convention.
Marginal note:Inconsistency
(3) In the event of an inconsistency between this section and sections 48 to 74 and 79 to 90 and the Civil Liability Convention, the Fund Convention, the Supplementary Fund Protocol or the Bunkers Convention, those sections prevail to the extent of the inconsistency.
- 2001, c. 6, s. 47;
- 2009, c. 21, s. 11.
- Date modified:
