Bill C-59
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-59 |
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An Act to implement Articles 1 to 22 of the
Athens Convention relating to the
Carriage of Passengers and their
Luggage by Sea, 1974
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Carriage of
Passengers by Water Act.
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INTERPRETATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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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 the Con
vention are set out in Part I of the schedule.
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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 Lug
gage by Sea, 1974, concluded at London on
March 29, 1990. Articles III and VIII of the
Protocol are set out in Part II of the sched
ule.
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| Ship
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3. (1) Notwithstanding the definition
``ship'' in paragraph 3 of Article 1 of the
Convention, in this Act, ``ship'' means any
vessel, whether seagoing or not, but does not
include an air cushion vehicle.
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| Owners of
ships
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(2) For greater certainty, Article 19 of the
Convention applies to the owners of all ships
within the meaning of subsection (1).
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| Contract of
carriage
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(3) Notwithstanding the definition ``con
tract of carriage'' in paragraph 2 of Article 1
of the Convention, for the purposes of this Act,
``contract of carriage'' means a contract made
by or on behalf of a carrier for the carriage by
water of a passenger or of a passenger and their
luggage, as the case may be.
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| State Party to
the
Convention
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(4) For the purposes of Part I of the
schedule, Canada is a State Party to the
Convention.
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FORCE OF LAW |
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| Convention in
force
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4. Articles 1 to 22 of the Convention have
the force of law in Canada.
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APPLICATION |
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| Contracts of
carriage
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5. This Act applies in respect of
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ORDER |
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| Amendment
of limits
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6. On the recommendation of the Minister
of Transport, the Governor in Council may, by
order, declare that an amendment made in
accordance with Article VIII of the Protocol to
the limits specified in paragraph 1 of Article
7 and Article 8 of the Convention, including
the deductibles referred to in Article 8, has the
force of law in Canada.
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