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PART 3 |
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LIMITATION OF LIABILITY FOR MARITIME CLAIMS |
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Interpretation |
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Definitions
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24. The definitions in this section apply in
this Part.
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``Convention'
' « Convention »
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``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.
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``maritime
claim'' « créance maritime »
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``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.
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``Protocol'' « Protocole »
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``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.
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Extended
meaning of
expressions
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25. (1) For the purposes of this Part and
Articles 1 to 15 of the Convention,
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Inconsistency
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(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.
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Application |
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Force of law
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26. Subject to the other provisions of this
Part, Articles 1 to 15 of the Convention have
the force of law in Canada.
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State Party to
the
Convention
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27. For purposes of the application of the
Convention, Canada is a State Party to the
Convention.
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Liability for
ships under
300 tons
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28. (1) The maximum liability for maritime
claims that arise on any distinct occasion
involving a ship with a gross tonnage of less
than 300 tons, other than claims mentioned in
section 29, is
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Calculation of
tonnage
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(2) For the purposes of subsection (1), a
ship's gross tonnage shall be calculated in
accordance with the tonnage measurement
rules contained in Annex I of the International
Convention on Tonnage Measurement of
Ships, 1969, concluded at London on June 23,
1969, including any amendments, whenever
made, to the Annexes or Appendix to that
Convention.
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Passenger
claims, no
certificate
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29. (1) The maximum liability for maritime
claims that arise on any distinct occasion for
loss of life or personal injury to passengers of
a ship for which no certificate is required
under Part V of the Canada Shipping Act is the
greater of
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Passenger
claims, no
contract of
carriage
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(2) Notwithstanding Article 6 of the
Convention, the maximum liability for
maritime claims that arise on any distinct
occasion for loss of life or personal injury to
persons carried on a ship otherwise than under
a contract of passenger carriage is the greater
of
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Exception
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(3) Subsection (2) does not apply in respect
of
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Definition of
``passenger''
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(4) In subsection (1), ``passenger'' means a
person carried on a ship in circumstances
described in paragraph 2(a) or (b) of Article 7
of the Convention.
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Definition of
``unit of
account''
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(5) In subsections (1) and (2), ``unit of
account'' means a special drawing right issued
by the International Monetary Fund.
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Liability of Owners of Docks, Canals and Ports |
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Limitation of
liability
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30. (1) The maximum liability of an owner
of a dock, canal or port, for a claim that arises
on any distinct occasion for loss caused to a
ship, or to any cargo or other property on board
a ship, is the greater of
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Calculation of
tonnage
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(2) For the purposes of subsection (1), a
ship's gross tonnage shall be calculated in the
manner described in subsection 28(2).
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Application
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(3) The maximum liability specified in
subsection (1) also applies to any person for
whose act or omission the owner is
responsible.
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Conduct
barring
limitation
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(4) This section does not apply to an owner,
or a person for whose act or omission the
owner is responsible, if it is proved that the
loss resulted from the personal act or omission
of that owner or that person, as the case may
be, committed with intent to cause the loss or
recklessly and with knowledge that the loss
would probably result.
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Meaning of
terms
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(5) For the purposes of this section,
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Amendment of Maximum Liability |
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Amendment
of limits
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31. (1) The Governor in Council may, by
order, declare that an amendment made in
accordance with Article 8 of the Protocol to
any of the limits of liability specified in
paragraph 1 of Article 6 or paragraph 1 of
Article 7 of the Convention has the force of
law in Canada.
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Amendment
of sections 28,
29 and 30
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(2) The Governor in Council may, by order,
amend the limits of liability set out in sections
28, 29 and 30.
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Procedure |
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Jurisdiction of
Admiralty
Court
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32. (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.
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Right to assert
limitation
defence
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(2) Where a claim is made or apprehended
against a person in respect of liability that is
limited by section 28, 29 or 30 of this Act or
paragraph 1 of Article 6 or 7 of the
Convention, 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.
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Powers of
Admiralty
Court
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33. (1) Where a claim is made or
apprehended against a person in respect of
liability that is limited by section 28 or 29 of
this Act or paragraph 1 of Article 6 or 7 of the
Convention, 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
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Court may
postpone
distribution
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(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.
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Lien and other
rights
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(3) No lien or other right in respect of a ship
or other property affects the proportions in
which a fund is distributed by the Admiralty
Court.
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Procedural
matters
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(4) The Admiralty Court may
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Interest
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(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.
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Release of
ships, etc.
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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.
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Limitation
fund in state
other than
Canada
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(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.
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PART 4 |
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LIABILITY FOR CARRIAGE OF PASSENGERS BY WATER |
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Interpretation |
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Definitions
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35. The definitions in this section apply in
this Part.
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``Convention'
' « Convention »
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``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.
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``Protocol'' « Protocole »
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``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.
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Extended
meaning of
expressions
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36. (1) For the purposes of this Part and
Articles 1 to 22 of the Convention,
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Owners of
ships
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(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.
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