Marginal note:Definitions

24. The definitions in this section apply in this Part.

“Convention”

« 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.

“maritime claim”

« 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.

“passenger”

« passager »

“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.

“Protocol”

« 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.

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”.

• Marginal note: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.