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An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts (S.C. 2009, c. 21)

Assented to 2009-06-23

14. Schedule 1 to the Act is amended by replacing the reference “(Section 24)” after the heading “SCHEDULE 1” with the references “(Section 24 and subsections 26(2) and 31(1))”.

15. Schedule 1 to the Act is amended by adding the following after Part 2:

PART 3

Text of reservations made under Article 18 of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976

  • 1. Claims in respect of the raising, removal, destruction or rendering harmless of a ship that is sunk, wrecked, stranded or abandoned, including anything that is or has been on board that ship.

16. Schedule 2 to the Act is amended by replacing the reference “(Section 35)” after the heading “SCHEDULE 2” with the references “(Sections 35 and 40)”.

17. The Act is amended by adding, after Schedule 4, the Schedules 5 to 8 set out in the schedule to this Act.

Marginal note:R.S., c. F-7; 2002, c. 8, s. 14

FEDERAL COURTS ACT

Marginal note:2002, c. 8, s. 40(4)

18. Subsection 43(8) of the English version of the Federal Courts Act is replaced by the following:

  • Marginal note:Arrest

    (8) The jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is owned by the beneficial owner of the ship that is the subject of the action.

TRANSITIONAL PROVISIONS

19. A claim to recover loss, damage, costs or expenses filed with the Administrator under section 85 of the Marine Liability Act before the day on which this section comes into force is deemed to have been filed under section 103 of the Marine Liability Act, as enacted by section 11.

20. The Administrator and Deputy Administrator who are in office on the day on which this section comes into force shall continue to perform their duties and functions as if they had been appointed under section 94 or 95, as the case may be, of the Marine Liability Act, as enacted by section 11.

CONSEQUENTIAL AMENDMENTS

Marginal note:R.S., c. A-12

Arctic Waters Pollution Prevention Act

Marginal note:2001, c. 6, s. 109

21. Section 2.1 of the Arctic Waters Pollution Prevention Act is replaced by the following:

Marginal note:Inconsistency with Marine Liability Act

2.1 In the event of an inconsistency between the provisions of this Act, or any regulation made under this Act, and the provisions of the Marine Liability Act, the provisions of that Act prevail to the extent of the inconsistency.