LIMITATION OF LIABILITY FOR MARITIME CLAIMS
24. The definitions in this section apply in this Part.
« Convention »
“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.
« créance maritime »
“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.
« passager »
(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.
« Protocole »
“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.
“unit of account”
« unités de compte »
“unit of account” means a special drawing right issued by the International Monetary Fund.
- 2001, c. 6, s. 24;
- 2009, c. 21, s. 1.
Marginal note:Extended meaning of expressions
25. (1) For the purposes of this Part 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”.
(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.
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