Marginal note:Release of ships, etc.

• 34. (1) Where a ship or other property is released under paragraph 2 of Article 13 of the Convention, in any case other than one in which a fund has been constituted in a place described in paragraphs (a) to (d) of that Article, the person who applied for the release is deemed to have submitted to the jurisdiction of the court that ordered the release for the purpose of determining the claim.

• Marginal note:Limitation fund in state other than Canada

  (2) In considering whether to release a ship or other property referred to in subsection (1), the court shall not have regard to a limitation fund constituted in a country other than Canada unless the court is satisfied that the country is a State Party to the Convention.

Marginal note:Governor in Council

34.1 The Governor in Council may make regulations

• (a) prescribing classes of persons for the purpose of paragraph 28(3)(d); and

• (b) generally for carrying out the purposes and provisions of this Part.

Marginal note:Definitions

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

“Convention”

« 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.

“Protocol”

« 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, whether seagoing or not, but not including an air cushion vehicle or a vessel propelled manually by paddles or oars; 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:Inconsistency

  (3) In the event of any inconsistency between this section and sections 35 and 37 to 40 of this Act and Articles 1 to 22 of the Convention, those sections prevail to the extent of the inconsistency.