Marine Liability Act (S.C. 2001, c. 6)

RELATED PROVISIONS

• — 2009, c. 21, s. 19

  • 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.

• — 2009, c. 21, s. 20

  • 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.

• — 2023, c. 26, s. 342

  • Definitions

    342 The following definitions apply in sections 343 to 347.

    former Act

    former Act means the Marine Liability Act as it read immediately before the day on which section 338 comes into force. (ancienne loi)

    new Act

    new Act means the Marine Liability Act as it reads on the day on which section 338 comes into force. (nouvelle loi)

    Ship-source Oil Pollution Fund

    Ship-source Oil Pollution Fund has the same meaning as in subsection 91(1) of the Marine Liability Act. (Caisse d’indemnisation)

• — 2023, c. 26, s. 343

  • Claims for loss of income

    343 A claim filed under section 107 of the former Act is to be dealt with in accordance with sections 107 and 108 of the former Act.

• — 2023, c. 26, s. 344

  • Rights — limitation period

    344 Despite subsection 103(2) of the new Act, if an occurrence in respect of which a person may file a claim under section 107 of the former Act takes place on or before the day on which section 338 comes into force, and if the limitation periods set out in subsection 107(3) of the former Act have not expired on that day, that person has the right to file a claim under subsection 103(1.2) of the new Act within those limitation periods.

• — 2023, c. 26, s. 345

  • Fund — amounts directed to be paid

    345 Any amounts that are directed to be paid on or after the day on which subsection 332(2) comes into force, in respect of a claim filed under section 107 of the former Act, are to be charged to the Ship-source Oil Pollution Fund and they are deemed to be charged under paragraph 92(3)(a.1) of the new Act.

• — 2023, c. 26, s. 346

  • Fund — remuneration and expenses of assessors

    346 The remuneration and expenses of assessors appointed under paragraph 108(2)(a) of the former Act that are directed to be paid on or after the day on which subsection 332(3) comes into force are to be charged to the Ship-source Oil Pollution Fund and are deemed to be charged under subsection 92(3) of the new Act.

• — 2023, c. 26, s. 347

  • Interest

    347 If a payment is made to a claimant on or after the day on which subsection 340(2) comes into force, in respect of a claim filed under section 107 of the former Act, the claimant is entitled to the interest that accrues on a claim in accordance with subsection 116(1) of the Marine Liability Act from the time when the loss of income occurs.