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

Full Document:  

Act current to 2024-02-06 and last amended on 2023-06-22. Previous Versions

PART 3Limitation of Liability for Maritime Claims (continued)

DIVISION 2Limitation of Liability — Air Cushion Vehicles (continued)

Maximum Liability

Marginal note:Passenger claims

  •  (1) The maximum liability for claims that arise on any distinct occasion for loss of life or personal injury to passengers of an air cushion vehicle of less than 8 000 kg all up weight is the greater of

    • (a) $3,500,000, and

    • (b) $300,000 multiplied by

      • (i) the number of passengers that the air cushion vehicle is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001, or

      • (ii) the number of passengers on board the air cushion vehicle, if no Canadian maritime document is required under that Act.

  • Marginal note:Claims — no contract of carriage

    (2) The maximum liability for claims that arise on any distinct occasion for loss of life or personal injury to persons carried on board an air cushion vehicle of less than 8 000 kg all up weight otherwise than under a contract of passenger carriage is the greater of

    • (a) $3,500,000, and

    • (b) $300,000 multiplied by

      • (i) the number of passengers that the air cushion vehicle is authorized to carry according to any Canadian maritime document required under the Canada Shipping Act, 2001, or

      • (ii) the number of persons on board the air cushion vehicle, if no Canadian maritime document is required under that Act.

  • Marginal note:Exception

    (3) Subsection (2) does not apply in respect of

    • (a) the master of an air cushion vehicle, a member of an air cushion vehicle’s crew — or any other person employed or engaged in any capacity on the business of an air cushion vehicle — when they are carried on board the air cushion vehicle;

    • (b) a person carried on board an air cushion vehicle that is not operated for a commercial or public purpose;

    • (c) a person carried on board an air cushion vehicle in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner of the air cushion vehicle could have prevented; or

    • (d) a stowaway, a trespasser or any other person who boards an air cushion vehicle without the consent or knowledge of the master or the owner of the air cushion vehicle.

  • Marginal note:Other claims — loss of life or personal injury

    (4) The maximum liability for claims that arise on any distinct occasion for loss of life or personal injury involving an air cushion vehicle, other than claims referred to in subsections (1) and (2), is

    • (a) $1,500,000 for an air cushion vehicle of less than 8 000 kg all up weight;

    • (b) $5,000,000 for an air cushion vehicle of 8 000 kg or more but less than 13 000 kg all up weight; and

    • (c) $5,000,000 for an air cushion vehicle of 13 000 kg or more all up weight, plus $40 for each kilogram that exceeds 13 000 kg.

  • Marginal note:Other claims

    (5) The maximum liability for claims that arise on any distinct occasion involving an air cushion vehicle, other than claims referred to in subsections (1), (2) and (4), is

    • (a) $750,000 for an air cushion vehicle of less than 8 000 kg all up weight;

    • (b) $2,500,000 for an air cushion vehicle of 8 000 kg or more but less than 13 000 kg all up weight; and

    • (c) $2,500,000 for an air cushion vehicle of 13 000 kg or more all up weight, plus $20 for each kilogram that exceeds 13 000 kg.

Procedure

Marginal note:Jurisdiction of Admiralty Court

  •  (1) The Admiralty Court has exclusive jurisdiction with respect to any matter relating to the constitution and distribution of a limitation fund under Articles 11 to 13 of the Convention.

  • Marginal note:Right to assert limitation defence

    (2) If a claim is made or apprehended against a person in respect of liability that is limited by section 34.4, that person may assert the right to limitation of liability in a defence filed, or by way of action or counterclaim for declaratory relief, in any court of competent jurisdiction in Canada.

Marginal note:Powers of Admiralty Court

  •  (1) If a claim is made or apprehended against a person in respect of liability that is limited by section 34.4, the Admiralty Court, on application by that person or any other interested person, including a person who is a party to proceedings in relation to the same subject-matter before another court, tribunal or authority, may take any steps it considers appropriate, including

    • (a) determining the amount of the liability and providing for the constitution and distribution of a fund under Articles 11 and 12 of the Convention;

    • (b) joining interested persons as parties to the proceedings, excluding any claimants who do not make a claim within a certain time, requiring security from the person claiming limitation of liability or from any other interested person and requiring the payment of any costs; and

    • (c) enjoining any person from commencing or continuing proceedings in any court, tribunal or authority other than the Admiralty Court in relation to the same subject-matter.

  • Marginal note:Court may postpone distribution

    (2) In providing for the distribution of a fund under paragraph (1)(a) in relation to any liability, the Admiralty Court may, having regard to any claim that may subsequently be established before a court, tribunal or other authority outside Canada in respect of that liability, postpone the distribution of any part of the fund that it considers appropriate.

  • Marginal note:Lien and other rights

    (3) No lien or other right in respect of an air cushion vehicle or other property affects the proportions in which a fund is distributed by the Admiralty Court.

  • Marginal note:Procedural matters

    (4) The Admiralty Court may

    • (a) make any rule of procedure it considers appropriate with respect to proceedings before it under this section; and

    • (b) determine what form of guarantee it considers to be adequate for the purposes of paragraph 2 of Article 11 of the Convention.

  • Marginal note:Interest

    (5) For the purposes of Article 11 of the Convention, interest is payable at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

Marginal note:Release

 If an air cushion vehicle 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 2(a) to (d) of that Article, the person who obtained the release is deemed to have submitted to the jurisdiction of the court that ordered the release for the purpose of determining the claim.

PART 4Liability for Carriage of Passengers by Water

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

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. (Convention)

Protocol

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. (Protocole)

Marginal note:Extended meaning of expressions

  •  (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, craft or air cushion vehicle designed, used or capable of being used solely or partly for navigation, whether seagoing or not, but not including 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.

Application

Marginal note:Force of law

  •  (1) Articles 1 to 22 of the Convention have the force of law in Canada.

  • Marginal note:Extended application

    (2) Articles 1 to 22 of the Convention also apply in respect of

    • (a) the carriage by water, under a contract of carriage, of passengers or of passengers and their luggage from one place in Canada to the same or another place in Canada, either directly or by way of a place outside Canada; and

    • (b) the carriage by water, otherwise than under a contract of carriage, of persons or of persons and their luggage, excluding

      • (i) the master of a ship, a member of a ship’s crew or any other person employed or engaged in any capacity on board a ship on the business of the ship,

      • (ii) a person carried on board a ship other than a ship operated for a commercial or public purpose,

      • (iii) a person carried on board a ship in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented, and

      • (iv) a stowaway, a trespasser or any other person who boards a ship without the consent or knowledge of the master or the owner.

  • 2001, c. 6, s. 37
  • 2009, c. 21, s. 8

Marginal note:Exception — adventure tourism activities

  •  (1) This Part does not apply to an adventure tourism activity that meets the following conditions:

    • (a) it exposes participants to an aquatic environment;

    • (b) it normally requires safety equipment and procedures beyond those normally used in the carriage of passengers;

    • (c) participants are exposed to greater risks than passengers are normally exposed to in the carriage of passengers;

    • (d) its risks have been presented to the participants and they have accepted in writing to be exposed to them; and

    • (e) any condition prescribed under paragraph 39(c).

  • Marginal note:Exception — persons

    (2) This Part does not apply to the carriage of a sail trainee or a person who is a member of a class of persons prescribed under paragraph 39(d).

  • 2009, c. 21, s. 9

Marginal note:State Party to the Convention

 For purposes of the application of the Convention, Canada is a State Party to the Convention.

Regulations and Orders

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) respecting insurance or other financial security to be maintained in respect of classes of carriage, ships or persons to cover liability under this Part up to the maximum amount set out in it;

  • (b) respecting the form and manner in which proof of insurance or other financial security is provided;

  • (c) prescribing any condition for the purpose of subsection 37.1(1);

  • (d) prescribing classes of persons for the purpose of subsection 37.1(2); and

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

  • 2001, c. 6, s. 39
  • 2009, c. 21, s. 10

Marginal note:Amendment of limits

 The Governor in Council may, by regulation, amend Schedule 2 to implement an amendment that is made in accordance with Article VIII of the Protocol to any of the limits of liability that are specified in paragraph 1 of Article 7 or in Article 8 of the Convention, including the deductibles referred to in that Article 8.

  • 2001, c. 6, s. 40
  • 2009, c. 21, s. 10

PART 5Liability for Carriage of Goods by Water

Interpretation

Marginal note:Definition of Hague-Visby Rules

 In this Part, Hague-Visby Rules means the rules set out in Schedule 3 and embodied in the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, concluded at Brussels on August 25, 1924, in the Protocol concluded at Brussels on February 23, 1968, and in the additional Protocol concluded at Brussels on December 21, 1979.

Marginal note:Other statutory limitations of liability

 Nothing in this Part affects the operation of any other Part of this Act, or section 250 of the Canada Shipping Act, 2001, or a provision of any other Act or regulation that limits the liability of owners of ships.

  • 2001, c. 6, s. 42, c. 26, s. 324

Hague-Visby Rules

Marginal note:Effect

  •  (1) The Hague-Visby Rules have the force of law in Canada in respect of contracts for the carriage of goods by water between different states as described in Article X of those Rules.

  • Marginal note:Extended application

    (2) The Hague-Visby Rules also apply in respect of contracts for the carriage of goods by water from one place in Canada to another place in Canada, either directly or by way of a place outside Canada, unless there is no bill of lading and the contract stipulates that those Rules do not apply.

  • Meaning of Contracting State

    (3) For the purposes of this section, the expression Contracting State in Article X of the Hague-Visby Rules includes Canada and any state that, without being a Contracting State, gives the force of law to the rules embodied in the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, concluded at Brussels on August 25, 1924 and in the Protocol concluded at Brussels on February 23, 1968, regardless of whether that state gives the force of law to the additional Protocol concluded at Brussels on December 21, 1979.

  • (4) [Repealed, 2023, c. 26, s. 320]

 

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