Bill S-2
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1st Session, 37th Parliament, 49 Elizabeth II, 2001
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Senate of Canada
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BILL S-2 |
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An Act respecting marine liability, and to
validate certain by-laws and regulations
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Marine
Liability 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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``Admiralty
Court'' « Cour d'amirauté »
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``Admiralty Court'' means the Federal Court.
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``Minister'' « ministre »
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``Minister'' means the Minister of Transport.
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HER MAJESTY |
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Binding on
Her Majesty
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3. This Act is binding on Her Majesty in
right of Canada or a province.
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PART 1 |
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PERSONAL INJURIES AND FATALITIES |
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Interpretation and Application |
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Definition of
``dependant''
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4. In this Part, ``dependant'', in relation to
an injured or deceased person, means an
individual who was one of the following in
relation to the injured or deceased person at
the time the cause of action arose, in the case
of an injured person, or at the time of death, in
the case of a deceased person:
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Application of
this Part
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5. This Part applies in respect of a claim that
is made or a remedy that is sought under or by
virtue of Canadian maritime law, as defined in
the Federal Court Act, or any other law of
Canada in relation to any matter coming
within the class of navigation and shipping.
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Liability to Dependants |
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Damages for
personal
injury
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6. (1) If a person is injured by the fault or
neglect of another under circumstances that
entitle the person to recover damages, the
dependants of the injured person may
maintain an action in a court of competent
jurisdiction for their loss resulting from the
injury against the person from whom the
injured person is entitled to recover.
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Damages for
death
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(2) If a person dies by the fault or neglect of
another under circumstances that would have
entitled the person, if not deceased, to recover
damages, the dependants of the deceased
person may maintain an action in a court of
competent jurisdiction for their loss resulting
from the death against the person from whom
the deceased person would have been entitled
to recover.
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Inclusion in
damages
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(3) The damages recoverable by a
dependant of an injured or deceased person
may include
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Excluded
factors
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(4) In the assessment of damages, any
amount paid or payable on the death of the
deceased person or any future premiums
payable under a contract of insurance shall not
be taken into account.
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Apportion- ment
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(5) The damages recoverable by a
dependant are subject to any apportionment
made under Part 2.
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Multiple
dependants
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7. Damages may be awarded to dependants
in proportion to their loss resulting from the
injury or death, and the amount so awarded
shall be divided among the dependants in the
shares determined by the court.
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Payment into
court
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8. A person against whom an action is
commenced under this Part may pay into court
an amount of money as compensation for the
fault or neglect to all persons entitled to
damages without specifying the shares into
which it is to be divided.
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Postpone- ment of distribution
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9. The court may in its discretion postpone
the distribution of any amount to which a
person under the age of eighteen or under a
legal disability is entitled, may order its
payment from the amount paid into court
under section 8 and may make any other order
that is in the interest of that person.
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Beneficiaries
of action
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10. (1) An action under this Part shall be for
the benefit of the dependants of the injured or
deceased person.
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By whom
action is
brought
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(2) An action under subsection 6(2) shall be
brought by the executor or administrator of the
deceased person, but if no action is brought
within six months after that person's death or
if there is no executor or administrator, the
action
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Parties to
action
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11. A person who commences an action
under this Part shall
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One action for
same cause
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12. Claims for the benefit of the dependants
of an injured or deceased person may be made
in more than one action but, on the application
of any party, actions for the benefit of the
dependants of the same injured or deceased
person may be consolidated in one action or
tried together in the same court of competent
jurisdiction.
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Actions by
different
claimants
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13. If actions are commenced for the benefit
of two or more persons claiming to be entitled
to damages under this Part as dependants of an
injured or deceased person, the court may
make any order or determination that it
considers just.
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Limitation
period
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14. (1) No action may be commenced under
subsection 6(1) later than two years after the
cause of action arose.
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Limitation
period
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(2) No action may be commenced under
subsection 6(2) later than two years after the
death of the deceased person.
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PART 2 |
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APPORTIONMENT OF LIABILITY |
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Interpretation and Application |
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Definition of
``earnings''
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15. (1) In this Part, ``earnings'' includes
freight, passage money and hire.
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Meaning of
loss caused by
ship
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(2) For the purposes of this Part, a reference
to loss caused by the fault or neglect of a ship
shall be construed as including
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Application of
this Part
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16. This Part applies in respect of a claim
that is made or a remedy that is sought under
or by virtue of Canadian maritime law, as
defined in the Federal Court Act, or any other
law of Canada in relation to any matter
coming within the class of navigation and
shipping.
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General |
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Apportion- ment based on degree of fault
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17. (1) Where loss is caused by the fault or
neglect of two or more persons or ships, their
liability is proportionate to the degree to
which they are respectively at fault or
negligent and, if it is not possible to determine
different degrees of fault or neglect, their
liability is equal.
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Joint and
several
liability
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(2) Subject to subsection (3), the persons or
ships that are at fault or negligent are jointly
and severally liable to the persons or ships
suffering the loss but, as between themselves,
they are liable to make contribution to each
other or to indemnify each other in the degree
to which they are respectively at fault or
negligent.
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Exception -
loss of ships
and property
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(3) Where, by the fault or neglect of two or
more ships, loss is caused to one or more of
those ships, their cargo or other property on
board, or loss of earnings results to one or
more of those ships, their liability to make
good such loss is not joint and several.
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Persons
responsible
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(4) In this section, a reference to liability of
a ship that is at fault or negligent includes
liability of any person responsible for the
navigation and management of the ship or any
other person responsible for the fault or
neglect of the ship.
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Claim for
contribution
or indemnity
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18. A person who is entitled to claim
contribution or indemnity under this Part from
another person or ship that is or may be liable
in respect of a loss may do so
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Adjustment of
settlement
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19. The court or administrative or arbitral
tribunal in which a proceeding is continued or
commenced under paragraph 18(c) may deny
the award of damages or adjust the amount
awarded if it is not satisfied that the settlement
was reasonable.
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Limitation
period
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20. (1) No claim may be made under section
18 later than one year after the date of
judgment in the proceeding or the date of the
settlement agreement.
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Claims not
defeated
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(2) A claim under section 18 is not defeated
by any period of limitation or prescription, or
by any requirement for notice, that is
applicable to the original claim in respect of
which contribution or indemnity is sought.
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Last clear
chance
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21. This Part applies notwithstanding that a
person who suffered a loss had the opportunity
to avoid the loss and failed to do so.
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Contractual
rights
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22. The rights conferred by this Part on a
person or ship that is found liable or that settles
a claim are subject to any existing contract
between that person or ship and a person from
whom contribution or indemnity is claimed.
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Limitation of Time |
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Limitation
period for
claim or lien
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23. (1) No action may be commenced later
than two years after the loss or injury arose to
enforce a claim or lien against a ship in
collision or its owners in respect of any loss to
another ship, its cargo or other property on
board, or any loss of earnings of that other
ship, or for damages for loss of life or personal
injury suffered by any person on board that
other ship, caused by the fault or neglect of the
former ship, whether that ship is wholly or
partly at fault or negligent.
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Extension of
time by court
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(2) A court having jurisdiction to deal with
an action referred to in subsection (1)
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Definition of
``owner''
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(3) In this section, ``owner'', in relation to
a ship, includes any person responsible for the
navigation and management of the ship or any
other person responsible for the fault or
neglect of the ship.
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