Bill S-2

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

TABLE OF PROVISIONS

AN ACT RESPECTING MARINE LIABILITY, AND TO VALIDATE CERTAIN BY-LAWS AND REGULATIONS

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

HER MAJESTY

3. Binding on Her Majesty

PART 1

PERSONAL INJURIES AND FATALITIES

Interpretation and Application

4. Definition of ``dependant''

5. Application of this Part

Liability to Dependants

6. Damages for personal injury

7. Multiple dependants

8. Payment into court

9. Postponement of distribution

10. Beneficiaries of action

11. Parties to action

12. One action for same cause

13. Actions by different claimants

14. Limitation period

PART 2

APPORTIONMENT OF LIABILITY

Interpretation and Application

15. Definition of ``earnings''

16. Application of this Part

General

17. Apportionment based on degree of fault

18. Claim for contribution or indemnity

19. Adjustment of settlement

20. Limitation period

21. Last clear chance

22. Contractual rights

Limitation of Time

23. Limitation period for claim or lien

PART 3

LIMITATION OF LIABILITY FOR MARITIME CLAIMS

Interpretation

24. Definitions

25. Extended meaning of expressions

Application

26. Force of law

27. State Party to the Convention

28. Liability for ships under 300 tons

29. Passenger claims, no certificate

Liability of Owners of Docks, Canals and Ports

30. Limitation of liability

Amendment of Maximum Liability

31. Amendment of limits

Procedure

32. Jurisdiction of Admiralty Court

33. Powers of Admiralty Court

34. Release of ships, etc.

PART 4

LIABILITY FOR CARRIAGE OF PASSENGERS BY WATER

Interpretation

35. Definitions

36. Extended meaning of expressions

Application

37. Force of law

38. State Party to the Convention

Regulations and Orders

39. Regulations

40. Amendment of limits

PART 5

LIABILITY FOR CARRIAGE OF GOODS BY WATER

Interpretation

41. Definitions

42. Other statutory limitations of liability

Hague-Visby Rules

43. Effect

Hamburg Rules

44. Report to Parliament

45. Effect

Institution of Proceedings in Canada

46. Claims not subject to Hamburg Rules

PART 6

LIABILITY AND COMPENSATION FOR POLLUTION

Interpretation

47. Definitions

Application

48. Geographical application - general

49. Exception - drilling activities

50. Priority over Arctic Waters Pollution Prevention Act

DIVISION 1

CIVIL LIABILITY FOR POLLUTION

Owners of Ships

51. Liability for pollution and related costs

52. Admiralty Court has jurisdiction

53. Action by Administrator

54. Limitation of liability - Convention ships

55. Limitation of liability - other ships

Special Rules - Convention Ships

56. No damage in Canadian territory or Canadian waters

57. Remedies exclusive

58. Shipowner's fund

59. Duplication of actions barred

60. Certificate attesting to financial responsibility

61. By whom certificate to be issued

62. Claimant may sue owner's guarantor

Registration of Foreign Judgments

63. Definitions

64. Registration of foreign judgments

65. Pre-registration interest

66. Costs

67. Conversion to Canadian currency

68. Effect of registration

69. Service of notice of registration

70. Application to set aside registration

71. Application for stay of execution

DIVISION 2

COMPENSATION FOR POLLUTION

International Oil Pollution Compensation Fund

72. Legal capacity of International Fund

73. International Fund to be party to legal proceedings

74. Method of service on International Fund

75. Circumstances in which International Fund is liable

76. Contributions by Canada to International Fund

Ship-source Oil Pollution Fund

77. Ship-source Oil Pollution Fund

78. Interest to be credited to Fund

Administrator and Deputy Administrator

79. Appointment of Administrator

80. Administrator to be independent of Crown

81. Professional and technical aid

82. Costs, expenses and fees

83. Deputy Administrator

Liability of Ship-source Oil Pollution Fund

84. Liability of Ship-source Oil Pollution Fund

Claims Arising under Section 51

85. Claims filed with Administrator

86. Duties of Administrator

87. Offer of compensation

Claims for Loss of Income

88. Meaning of terms

89. Responsibility of Administrator

Proceedings against Shipowner

90. Proceedings under section 51

Limit of Liability of Ship-source Oil Pollution Fund

91. Limit of liability of Ship-source Oil Pollution Fund in first year

Application to Court for Directions

92. Administrator may apply to Court for directions

Payments into the Ship-source Oil Pollution Fund

93. Definition of ``oil''

94. Amount of levy in first year

95. Discontinuation or re-imposition of levy

96. Regulations

97. Records and books

98. Inspection

99. Interest on unpaid amounts

Annual Report

100. Annual report of Administrator

Interest on Claims

101. Claimants entitled to interest

Regulations

102. Regulations

Offences and Punishment

103. Evidence of financial responsibility

104. Evading payment of levy

105. Jurisdiction in relation to offences

PART 7

VALIDATION OF CERTAIN BY-LAWS AND REGULATIONS

By-laws under the Canada Ports Corporation Act

106. By-laws deemed to be valid

Regulations under the Pilotage Act

107. Laurentian Pilotage Tariff Regulations, 1992

PART 8

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

Transitional

108. Part 4

Consequential Amendments

109. Arctic Waters Pollution Prevention Act

110. Canada-Newfoundland Atlantic Accord Implementation Act

111. Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

112. Canadian Environmental Protection Act, 1999

113-114. Crown Liability and Proceedings Act

115. Federal Court Act

116. Merchant Seamen Compensation Act

117. Canada Oil and Gas Operations Act

118-128. Canada Shipping Act

Conditional Amendment

129. 1991, c. 24

Repeal

130. Carriage of Goods by Water Act

Coming into Force

131. Coming into force

SCHEDULES 1 TO 4