Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 21Oceans Protection Plan (continued)
SUBDIVISION A2001, c. 6Marine Liability Act (continued)
318 Paragraph 36(1)(a) of the Act is replaced by the following:
(a) the definition ship in Article 1 of the Convention shall be read as including any vessel, craft or air cushion vehicle designed, used or capable of being used solely or partly for navigation, whether seagoing or not, but not including a vessel propelled manually by paddles or oars; and
319 Section 41 of the Act is replaced by the following:
Marginal note:Definition of Hague-Visby Rules
41 In this Part, 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.
320 Subsection 43(4) of the Act is repealed.
321 Section 44 of the Act and the heading before it are repealed.
322 The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Claims
46 (1) If a contract for the carriage of goods by water 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, if
323 Section 51 of the Act is amended by adding the following after subsection (2):
Marginal note:Liability — fishing, hunting, trapping and harvesting
(3) For greater certainty, for the purposes of Article III of the Civil Liability Convention, the liability of the owner of a ship includes economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people.
324 Subsection 53(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) permitting that person to reduce the amount that they are required to pay to the fund by up to an amount equal to the sum of any amounts paid to a claimant before the constitution of the fund; and
325 Subsections 54(1) and (2) of the Act are replaced by the following:
Marginal note:Public notice
54 (1) The person constituting the fund must, as soon as feasible, give notice of the fund’s constitution in
(a) the Canada Gazette;
(b) a newspaper in general circulation in the region where the incident occurred; and
(c) any other appropriate manner in the communities potentially affected by the incident.
Marginal note:Accessibility
(1.1) Notices given under paragraphs (1)(b) and (c) are to be made accessible to the public for a period of at least 30 days.
Marginal note:Proof of accessibility
(2) The person constituting the fund must, within 15 days after the 30th day of the period referred to in subsection (1.1), file evidence in the Admiralty Court that the notices have been made accessible to the public for a period of at least 30 days.
326 The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Absence of certificate
55 (1) Unless a ship carries a certificate described in Article VII of the Civil Liability Convention issued in accordance with subsection 56(1), the ship must not
327 The Act is amended by adding the following before section 69:
Marginal note:Extended meaning of expressions
68.1 For the purposes of sections 69 to 74 and Articles 1 to 10 of the Bunkers Convention, the definition ship in Article 1 of the Bunkers Convention includes non-seagoing vessels and non-seaborne craft.
328 Section 71 of the Act is amended by adding the following after subsection (2):
Marginal note:Liability — fishing, hunting, trapping and harvesting
(3) For greater certainty, for the purposes of Article 3 of the Bunkers Convention, the liability of the owner of a ship includes economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people.
329 Section 72 of the Act is replaced by the following:
Marginal note:Application of Division 1 of Part 3
72 Division 1 of Part 3 applies to claims arising under the Bunkers Convention.
330 The portion of subsection 73(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Absence of certificate
73 (1) Unless a ship carries a certificate described in Article 7 of the Bunkers Convention issued in accordance with subsection 74(1), the ship must not
331 (1) Paragraph 77(1)(a) of the Act is replaced by the following:
(a) for oil pollution damage from the ship, including economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people;
(2) Subsection 77(1.2) of the English version of the Act is replaced by the following:
Marginal note:Words and expressions defined
(1.2) For the purposes of subsection (1.1), words and expressions used in that subsection that are not defined have the same meaning as in the Civil Liability Convention as defined in subsection 47(1).
332 (1) Subsection 92(2) of the Act is amended by adding the following after paragraph (c):
(c.1) any amounts received by the Administrator further to the notice given under subsection 106.02(3) or paragraph 106.04(1)(b) or recovered under section 106.05;
(2) Paragraph 92(3)(a.1) of the Act is replaced by the following:
(a.1) all amounts that are directed to be paid under paragraph 106(3)(a) or 106.04(1)(c), subsection 106.3(4) or section 117 or under a settlement;
(3) Paragraph 92(3) of the Act is amended by adding “and” at the end of paragraph (d) and by repealing paragraph (e).
333 (1) Section 103 of the Act is amended by adding the following after subsection (1.1):
Marginal note:Claims filed with Administrator — future losses
(1.2) A claim arising out of oil pollution damage may be filed with the Administrator for
(a) future loss of profit or income and future costs or expenses for the mitigation of that loss by a person who expects to suffer loss or incur costs or expenses;
(b) future economic loss related to fishing, hunting, trapping or harvesting for personal or household use and future costs or expenses for the mitigation of that loss by an individual who expects to suffer loss or incur costs or expenses;
(c) future economic loss related to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 and future costs or expenses for the mitigation of that loss by a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds those rights if that group, community or people expects to suffer loss or incur costs or expenses; and
(d) costs or expenses for meeting the conditions imposed by the Administrator under subsection 105(1.2) by a person referred to in paragraph (a), an individual referred to in (b) or a council, government or other entity referred to in paragraph (c) who expects to incur those costs or expenses.
Marginal note:Period covered by the claim
(1.3) The claim filed under subsection (1.2) must specify the period covered by the claim, which, for greater certainty, may extend beyond the periods referred to in subsection (2) during which the claim must be filed.
(2) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Limitation or prescription period
(2) A claim referred to in any of subsections (1) to (1.2) must be made
(3) Paragraphs 103(2)(a) and (b) of the English version of the Act are replaced by the following:
(a) if oil pollution damage occurs, within two years after the day on which that damage occurs and five years after the incident that causes that damage; or
(b) if no oil pollution damage occurs, within five years after the incident in respect of which oil pollution damage is anticipated.
(4) Subsection 103(3) of the Act is replaced by the following:
Marginal note:Exception
(3) Subsections (1) to (1.2) do not apply to a person in a state other than Canada and subsections (1) and (1.1) do not apply to a response organization referred to in paragraph 51(1)(a), 71(1)(a) or 77(1)(b).
334 (1) Subsection 105(1) of the Act is replaced by the following:
Marginal note:Administrator’s duties
105 (1) On receipt of a claim under subsection 103(1) or (1.1), the Administrator shall investigate and assess it and shall
(a) make an offer of compensation to the claimant for whatever portion of it that the Administrator finds to be established; or
(b) disallow the claim and notify the claimant of its disallowance in writing.
Marginal note:Administrators duties — future losses
(1.1) On receipt of a claim under subsection 103(1.2), the Administrator shall investigate and assess it and shall
(a) make an offer of compensation to the claimant for whatever portion of it that the Administrator finds to be established;
(b) make an offer of compensation to the claimant on an interim payment schedule for whatever portion of it that the Administrator finds to be established and provide the dates for future payments; or
(c) disallow the claim and notify the claimant of its disallowance in writing.
Marginal note:Conditions
(1.2) If the Administrator makes an offer of compensation under paragraph (1.1)(a) or (b), the Administrator may impose conditions on the claimant as part of that offer, including a requirement to keep records containing information relating to the claim.
(2) Paragraph 105(3)(a) of the Act is replaced by the following:
(a) whether it is for loss, damage, costs or expenses referred to in subsection 103(1), (1.1) or (1.2), as the case may be; and
335 (1) Subsection 106(1) of the Act is replaced by the following:
Marginal note:Offer of compensation
106 (1) If the Administrator makes an offer of compensation to a claimant under paragraph 105(1)(a), (1.1)(a) or (b), as the case may be, the claimant shall, within 60 days after receiving the offer, notify the Administrator whether they accept or refuse it and, if no notification is received by the Administrator within that period, the claimant is deemed to have refused the offer.
(2) Subsection 106(2) of the English version of the Act is replaced by the following:
Marginal note:Appeal to Admiralty Court
(2) A claimant may, within 60 days after receiving an offer of compensation or a notification that the Administrator has disallowed the claim, appeal the offer or the disallowance of the claim to the Admiralty Court, but in an appeal from the disallowance of a claim, that Court may consider only the matters described in paragraphs 105(3)(a) and (b).
(3) Paragraphs 106(3)(a) and (b) of the Act are replaced by the following:
(a) the Administrator shall direct payment to be made to the claimant of the amount of the offer out of the Ship-source Oil Pollution Fund without delay or according to the payment schedule referred to in paragraph 105(1.1)(b), as the case may be;
(b) the claimant is then precluded from pursuing any rights that they may have had against any person in respect of matters referred to in sections 51, 71 and 77, Article III of the Civil Liability Convention and Article 3 of the Bunkers Convention in relation to the occurrence to which the offer of compensation relates, except that
(i) with respect to the acceptance of an offer of compensation made under paragraph 105(1)(a), the claimant may pursue any rights that they may have under subsection 103(1.2) in a single claim, and
(ii) with respect to the acceptance of an offer of compensation made under paragraph 105(1.1)(a) or (b), the claimant may pursue any rights that they may have under subsection 103(1) or (1.1) in a single claim;
- Date modified: