18. Except as section 15 may be made applicable by order of the Governor in Council in respect of the ships of any particular designated state, that section does not apply to a claim arising out of or in connection with the navigation, operation or salvage of a ship or the loading, carriage or discharge of a cargo, unless the claim is a claim arising out of death or injury to the person.
- R.S., c. V-6, s. 18.
Marginal note:Official duty
19. (1) Where a question that cannot be settled by negotiation between the parties arises under this Part as to whether
(a) a member of a visiting force was acting within the scope of his duties or employment, or
(b) a matter in respect of which judgment was given against a member of a visiting force arose while the member was acting within the scope of his duties or employment,
the question shall be submitted to an arbitrator appointed in accordance with subsection (2), and for the purposes of this Part the decision of the arbitrator is final and conclusive.
Marginal note:Appointing arbitrator
(2) An arbitrator shall be appointed for the purposes of this section by agreement between the designated state concerned and Canada from among the nationals of Canada who hold or have held high judicial office, and if the designated state and Canada are unable, within two months, to agree on the arbitrator, either the designated state or Canada may request any person designated in an agreement with the designated state or acceptable to the designated state and Canada to appoint the arbitrator from among the nationals of Canada who have held high judicial office.
- R.S., c. V-6, s. 19.
Marginal note:Security of Information Act applicable
(a) a reference in that Act to "office under Her Majesty" included any office or employment in or under any department or branch of the government of a designated state;
(b) a reference in that Act to "prohibited place" included
(i) any work of defence belonging to or occupied or used by or on behalf of a designated state including arsenals, armed forces establishments or stations, factories, dockyards, mines, minefields, camps, ships, aircraft, telegraph, telephone, wireless or signal stations or offices, and places, other than diplomatic premises of designated states, used for the purpose of building, repairing, making or storing any munitions of war or any sketches, plans, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war, and
(ii) any place, not belonging to a designated state, where any munitions of war or any sketches, plans, models or documents relating thereto are being made, repaired, obtained or stored under contract with, or with any person on behalf of, a designated state, or otherwise on behalf of a designated state;
(c) a reference in that Act to "safety or interests of the state" or to "interest of the state" or to "public interest" included the safety and security interests of a designated state;
(d) a reference in that Act to "contract made on behalf of Her Majesty" included a contract made on behalf of a designated state;
(e) the expression "appointed by or acting under the authority of Her Majesty" in that Act included the expression "appointed by or acting under the authority of the government of a designated state"; and
(f) a reference in that Act to "any member of Her Majesty’s forces" included a member of the visiting force of a designated state.
- R.S., 1985, c. V-2, s. 20;
- 2001, c. 41, s. 37.
- Date modified: