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Marine Liability Act (S.C. 2001, c. 6)

Full Document:  

Assented to 2001-05-10

PART 8TRANSITIONAL, CONSEQUENTIAL AMENDMENTS, CONDITIONAL AMENDMENT, REPEAL AND COMING INTO FORCE

1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act

Marginal note:1992, c. 35, s. 73(1)

110. Subsection 160(1) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

Definition of “spill”

  • 160. (1) In sections 161 to 165, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or any other federal law or that constitutes a discharge from a ship to which Part XV of the Canada Shipping Act or Part 6 of the Marine Liability Act applies.

1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:1992, c. 35, s. 110(1)

111. Subsection 165(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

Definition of “spill”

  • 165. (1) In sections 166 to 170, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or any other federal law or that constitutes a discharge from a ship to which Part XV of the Canada Shipping Act or Part 6 of the Marine Liability Act applies.

1999, c. 33Canadian Environmental Protection Act, 1999

112. Subsection 42(3) of the Canadian Environmental Protection Act, 1999 is replaced by the following:

R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act

Marginal note:1998, c. 16, s. 32

113. Section 6 of the Crown Liability and Proceedings Act is repealed.

114. Subsection 7(2) of the Act is repealed.

R.S., c. F-7Federal Court Act

Marginal note:1990, c. 8, s. 1(3)

115. The definition “ship” in subsection 2(1) of the Federal Court Act is replaced by the following:

“ship”

« navire »

“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

  • (a) a ship in the process of construction from the time that it is capable of floating, and

  • (b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up;

R.S., c. M-6Merchant Seamen Compensation Act

116. Subsection 42(3) of the Merchant Seamen Compensation Act is replaced by the following:

  • Marginal note:Compensation paid in full

    (3) Any sum payable by way of compensation by the owner of a ship under this Act shall be paid in full notwithstanding anything in Part 3 of the Marine Liability Act.

R.S., O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act

Marginal note:1992, c. 35, s. 22(1)

117. Subsection 24(1) of the Canada Oil and Gas Operations Act is replaced by the following:

Definition of “spill”

  • 24. (1) In sections 25 to 28, “spill” means a discharge, emission or escape of oil or gas, other than one that is authorized pursuant to the regulations or any other federal law or that constitutes a discharge from a ship to which Part XV of the Canada Shipping Act or Part 6 of the Marine Liability Act applies.

R.S., c. S-9Canada Shipping Act

Marginal note:1998, c. 6, s. 1

118. Sections 565 to 567 of the Canada Shipping Act are repealed.

119. Sections 571 and 572 of the Act are repealed.

120. Section 573 of the Act is replaced by the following:

Marginal note:Construction of terms

573. Sections 568 to 570 apply in respect of a vessel to any persons other than the owners responsible for the fault of the vessel as though the expression “owners” included those persons, and in any case where, by virtue of any charter or demise, or for any other reason, the owners are not responsible for the navigation and management of the vessel, those sections shall be read as though for references to the owners there were substituted references to the charterers or other persons for the time being so responsible.

Marginal note:1998, c. 6, s. 2

121. The heading before section 574 and sections 574 to 577 of the Act are repealed.

122. Section 578 of the Act, as enacted by section 2 of An Act to amend the Canada Shipping Act (maritime liability), chapter 6 of the Statutes of Canada, 1998, is deemed to have been repealed on March 17, 1999.

Marginal note:1998, c. 6, s. 2

123. Sections 579 to 583 of the Act are repealed.

124. Section 586 of the Act is replaced by the following:

Marginal note:Responsibility for goods

586. Subject to Part 5 of the Marine Liability Act, carriers by water are responsible not only for goods received on board their vessels but also for goods delivered to them for conveyance by their vessels, and are bound to use due care and diligence in the safe-keeping and punctual conveyance of those goods.

Marginal note:1998, c. 16, s. 17

125. Part XIV of the Act is repealed.

Marginal note:R.S., c. 6 (3rd Supp.), s. 84; 1993, c. 36, s. 15; 1996, c. 31, s. 104(1); 1998, c. 6, ss. 7, 8

126. The heading before section 677 and sections 677 and 677.1 of the Act are repealed.

Marginal note:R.S., c. 6 (3rd Supp.), s. 84; 1993, c. 36, ss. 18, 19; 1994, c. 24, par. 34(1)(e)(F); 1996, c. 21, s. 75(1), c. 31, s. 106; 1998, c. 6, ss. 10 to 22, 23(F)

127. Sections 679 to 723 of the Act are repealed.

Marginal note:R.S., c. 6 (3rd Supp.), s. 84; 1998, c. 6, s. 25

128. Sections 724 to 727 of the Act are repealed.

Conditional Amendment

Marginal note:1991, c. 24

  • 129. (1) If section 14 of Schedule III to An Act to amend the Financial Administration Act and other Acts in consequence thereof (in this section referred to as the “other Act”), chapter 24 of the Statutes of Canada, 1991, does not come into force before the day on which section 99 of this Act comes into force, then, on that day, that section 14 and the heading before it are replaced by the following:

    Marine Liability Act

    14. Section 99 is replaced by the following:

    Marginal note:Interest on unpaid amounts

    99. If any portion of a levy is not paid as provided in subsection 93(3), interest may be charged on the amount from time to time outstanding, in accordance with any regulations made pursuant to subsection 155.1(6) of the Financial Administration Act.

  • Marginal note:1991, c. 24

    (2) If section 14 of Schedule III to the other Act comes into force before the day on which section 99 of this Act comes into force, then, on that day, that section 99 is replaced by the following:

    Marginal note:Interest on unpaid amounts

    99. If any portion of a levy is not paid as provided in subsection 93(3), interest may be charged on the amount from time to time outstanding, in accordance with any regulations made pursuant to subsection 155.1(6) of the Financial Administration Act.

Repeal

Marginal note:Repeal

130. The Carriage of Goods by Water Act, chapter 21 of the Statutes of Canada, 1993, is repealed.

Coming into Force

Marginal note:Coming into force

  • 131. (1) The provisions of this Act, other than sections 45 and 129, come into force 90 days after the day on which this Act receives royal assent or on any later day or days previously fixed by order of the Governor in Council.

  • Marginal note:Section 45

    (2) The subsections of section 45 come into force on a day or days to be fixed by order of the Governor in Council.

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