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| Force of law
|
37. (1) Articles 1 to 22 of the Convention
have the force of law in Canada.
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| Extended
application
|
(2) Articles 1 to 22 of the Convention also
apply in respect of
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|
(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
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(b) the carriage by water, otherwise than
under a contract of carriage, of persons or of
persons and their luggage, excluding
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(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, and
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|
(ii) a person carried on board a ship other
than a ship operated for a commercial or
public purpose.
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| State Party to
the
Convention
|
38. For purposes of the application of the
Convention, Canada is a State Party to the
Convention.
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| Regulations
|
39. The Governor in Council may make
regulations requiring insurance or other
financial security to be maintained to cover
liability to passengers under this Part.
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| Amendment
of limits
|
40. The Governor in Council may, by order,
declare that an amendment made in
accordance with Article VIII of the Protocol to
any of the limits of liability specified in
paragraph 1 of Article 7 or in Article 8 of the
Convention, including the deductibles
referred to in Article 8, has the force of law in
Canada.
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| Definitions
|
41. The definitions in this section apply in
this Part.
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``Hague-Visb
y Rules''
« règles de La
Haye-Visby »
|
``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.
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``Hamburg
Rules''
« règles de
Hambourg »
|
``Hamburg Rules'' means the rules set out in
Schedule 4 and embodied in the United
Nations Convention on the Carriage of
Goods by Sea, 1978, concluded at Hamburg
on March 31, 1978.
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| Other
statutory
limitations of
liability
|
42. Nothing in this Part affects the operation
of any other Part of this Act, or sections 389,
390, 585 and 586 of the Canada Shipping Act,
or a provision of any other Act or regulation
that limits the liability of owners of ships.
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| Effect
|
43. (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.
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| 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.
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| 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.
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| Replacement
by Hamburg
Rules
|
(4) The Hague-Visby Rules do not apply in
respect of contracts entered into after the
coming into force of section 45.
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| Report to
Parliament
|
44. The Minister shall, before January 1,
2005 and every five years afterwards, consider
whether the Hague-Visby Rules should be
replaced by the Hamburg Rules and cause a
report setting out the results of that
consideration to be laid before each House of
Parliament.
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|
| Effect
|
45. (1) The Hamburg 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 2 of those Rules.
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|
| Extended
application
|
(2) The Hamburg 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 the contract
stipulates that those Rules do not apply.
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|
| Meaning of
``Contracting
State''
|
(3) For the purposes of this section, the
expression ``Contracting State'' in Article 2 of
the Hamburg Rules includes Canada and any
state that gives the force of law to those Rules
without being a Contracting State to the
United Nations Convention on the Carriage of
Goods by Sea, 1978.
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| References to
``sea''
|
(4) For the purposes of this section, the word
``sea'' in the Hamburg Rules shall be read as
``water''.
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| Signatures
|
(5) For the purposes of this section,
paragraph 3 of article 14 of the Hamburg
Rules applies in respect of the documents
referred to in article 18 of those Rules.
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| Claims not
subject to
Hamburg
Rules
|
46. (1) If a contract for the carriage of goods
by water to which the Hamburg Rules do not
apply provides for the adjudication or
arbitration of claims arising under the contract
in a place other than Canada, a claimant may
institute judicial or arbitral proceedings in a
court or arbitral tribunal in Canada that would
be competent to determine the claim if the
contract had referred the claim to Canada,
where
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(a) the actual port of loading or discharge,
or the intended port of loading or discharge
under the contract, is in Canada;
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|
(b) the person against whom the claim is
made resides or has a place of business,
branch or agency in Canada; or
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|
(c) the contract was made in Canada.
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| Agreement to
designate
|
(2) Notwithstanding subsection (1), the
parties to a contract referred to in that
subsection may, after a claim arises under the
contract, designate by agreement the place
where the claimant may institute judicial or
arbitral proceedings.
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|
| Definitions
|
47. The definitions in this section apply in
this Part.
|
|
``Administrat
or''
« administrate
ur »
|
``Administrator'' means the Administrator of
the Ship-source Oil Pollution Fund
appointed under section 79.
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|
``Civil
Liability
Convention''
« Convention
sur la
responsabilité
civile »
|
``Civil Liability Convention'' means the
International Convention on Civil Liability
for Oil Pollution Damage, concluded at
Brussels on November 29, 1969, as
amended by the Protocol concluded at
London on November 19, 1976 and the
Protocol concluded at London on
November 27, 1992.
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|
``Convention
ship''
« navire
assujetti à la
Convention »
|
``Convention ship'' means a seagoing ship,
wherever registered,
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(a) carrying, in bulk as cargo, crude oil,
fuel oil, heavy diesel oil, lubricating oil
or any other persistent hydrocarbon
mineral oil; or
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|
(b) on a voyage following any such
carriage of such oil, unless it is proved
that there is no residue of the oil on board.
|
|
``discharge''
« rejet »
|
``discharge'', in relation to a pollutant, means
any discharge of the pollutant that directly
or indirectly results in the pollutant entering
the water, and includes spilling, leaking,
pumping, pouring, emitting, emptying,
throwing and dumping.
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|
``Fund
Convention''
« Convention
sur le Fonds
international
»
|
``Fund Convention'' means the International
Convention on the Establishment of the
International Fund for Compensation for
Oil Pollution Damage, concluded at
Brussels on December 18, 1971, as
amended by the Protocol concluded at
London on November 19, 1976 and the
Protocol concluded at London on
November 27, 1992.
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|
``guarantor''
« garant »
|
``guarantor'' means a guarantor under a
contract of liability insurance or other
similar security relating to a shipowner's
liability under section 51.
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|
``in bulk''
« en vrac »
|
``in bulk'' means in a hold or tank that is part
of the structure of a ship, without any
intermediate form of containment.
|
|
``International
Fund''
« Fonds
international
»
|
``International Fund'' means the International
Oil Pollution Compensation Fund
established by the Fund Convention.
|
|
``Limitation
of Liability
Convention''
« Convention
sur la
limitation de
responsabilité
»
|
``Limitation of Liability Convention'' has the
meaning ascribed to the word
``Convention'' in section 24.
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|
``oil''
« hydrocarbur
es »
|
``oil'', except in sections 93 to 99, means oil
of any kind or in any form and includes
petroleum, fuel oil, sludge, oil refuse and
oil mixed with wastes but does not include
dredged spoil.
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|
``oil pollution
damage''
« dommages
dus à la
pollution par
les
hydrocarbures
»
|
``oil pollution damage'', in relation to any
ship, means loss or damage outside the ship
caused by contamination resulting from the
discharge of oil from the ship.
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|
``owner''
« propriétaire
»
|
``owner'' means
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|
(a) in relation to a Convention ship, the
person who is registered as the owner of
the ship or, if no person is so registered,
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|
(i) the person who owns the ship, or
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|
(ii) if the ship is owned by a state and
operated by a company that is
registered as the ship's operator in that
state, that company; or
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|
(b) in relation to any other ship, the
person who has for the time being, either
by law or by contract, the rights of the
owner of the ship with respect to its
possession and use.
|
|
``pollutant''
« polluant »
|
``pollutant'' means
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|
|
(a) a substance that, if added to any
waters, would degrade or alter or form
part of a process of degradation or
alteration of the quality of the waters to
an extent that is detrimental to their use
by humans or by an animal or plant that
is useful to humans; and
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|
(b) any water that contains a substance in
such a quantity or concentration, or that
has been so treated, processed or
changed, by heat or other means, from a
natural state that it would, if added to any
waters, degrade or alter or form part of a
process of degradation or alteration of the
quality of the waters to an extent that is
detrimental to their use by humans or by
an animal or plant that is useful to
humans,
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|
|
|
and includes oil and any substance or class
of substances identified by the regulations
as a pollutant for the purposes of this Part.
|
|
``pollution
damage''
« dommages
dus à la
pollution »
|
``pollution damage'', in relation to any ship,
means loss or damage outside the ship
caused by contamination resulting from the
discharge of a pollutant from the ship.
|
|
``ship''
« navire »
|
``ship'' means any vessel or craft designed,
used or capable of being used solely or
partly for navigation, without regard to
method or lack of propulsion, and includes
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|
|
(a) a ship in the process of construction
from the time that it is capable of
floating; and
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|
|
|
(b) a ship that has been stranded, wrecked
or sunk and any part of a ship that has
broken up.
|
|
``Ship-source
Oil Pollution
Fund''
« Caisse
d'indemnisati
on »
|
``Ship-source Oil Pollution Fund'' means the
Ship-source Oil Pollution Fund established
by section 77.
|
|
|
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|
|
| Geographical
application -
general
|
48. (1) For ships other than Convention
ships, this Part applies in respect of actual or
anticipated pollution damage, irrespective of
the location of the actual or anticipated
discharge of the pollutant and irrespective of
the location where any preventive measures
are taken,
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|
|
|
(a) on the territory of Canada or in Canadian
waters; or
|
|
|
|
(b) in the exclusive economic zone of
Canada.
|
|
| Geographical
application -
Convention
ships
|
(2) For Convention ships, this Part applies,
subject to subsection (3), in respect of actual
or anticipated oil pollution damage,
irrespective of the location of the actual or
anticipated discharge of the oil and
irrespective of the location where any
preventive measures are taken,
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|
|
|
(a) on the territory of Canada or in Canadian
waters;
|
|
|
|
(b) in the exclusive economic zone of
Canada;
|
|
|
|
(c) on the territory or in the territorial sea or
internal waters of a state other than Canada
that is a party to the Civil Liability
Convention; or
|
|
|
|
(d) in the exclusive economic zone of a state
referred to in paragraph (c) or, if the state
has not established an exclusive economic
zone, in an area beyond and adjacent to the
territorial sea of that state and extending not
more than 200 nautical miles from the
baselines from which the breadth of its
territorial sea is measured.
|
|
| Exception
|
(3) Sections 84 and 85 do not apply in
respect of actual or anticipated oil pollution
damage in an area described in paragraph
(2)(c) or (d).
|
|
| Exception -
drilling
activities
|
49. (1) This Part does not apply to a drilling
ship that is on location and engaged in the
exploration or exploitation of the sea-bed or
its subsoil in so far as a discharge of a pollutant
emanates from those activities.
|
|
| Exception -
floating
storage units
|
(2) This Part does not apply to a floating
storage unit or floating production, storage
and offloading unit unless it is carrying oil as
a cargo on a voyage to or from a port or
terminal outside an offshore oil field.
|
|
| Priority over
Arctic Waters
Pollution
Prevention
Act
|
50. In the event of an inconsistency between
the provisions of this Part and the provisions
of the Arctic Waters Pollution Prevention Act
or any regulations made under that Act, the
provisions of this Part prevail to the extent of
the inconsistency.
|
|