Marine Liability Act

Marginal note:Meaning of terms

• 107 (1) In this section, fish, fishing and fishing vessel have the same meaning as in section 2 of the Fisheries Act.

• Definition of claimant

  (2) In this section, claimant means

  • (a) an individual who derives income from fishing, from the production, breeding, holding or rearing of fish, or from the culture or harvesting of marine plants;

  • (b) the owner of a fishing vessel who derives income from the rental of fishing vessels to holders of commercial fishing licences issued in Canada;

  • (c) an individual who derives income from the handling of fish on shore in Canada directly after they are landed from fishing vessels;

  • (d) an individual who fishes or hunts for food or animal skins for their own consumption or use;

  • (e) a person who rents or charters boats in Canada for sport fishing; or

  • (f) a worker in a fish plant in Canada, excluding a person engaged exclusively in supervisory or managerial functions, except in the case of a family-type co-operative operation that has a total annual throughput of less than 1 400 metric tons or an annual average number of employees of fewer than 50.

• Marginal note:Filing of claim with Administrator

  (3) Subject to this section, a claimant who suffers or will suffer a loss of income, or in the case of an individual described in paragraph (2)(d), a loss of a source of food or animal skins, resulting from a discharge of oil from a ship that is not recoverable under Part 6 may file a claim with the Administrator for that loss or future loss

  • (a) within three years after the day on which the discharge of the oil occurs or first occurred, as the case may be, or could reasonably be expected to have become known to the claimant; and

  • (b) within six years after the occurrence that causes the discharge.

• Marginal note:Limitations

  (4) The right to file a claim under this section is limited to claimants who

  • (a) were lawfully carrying on an activity described in subsection (2); and

  • (b) except in the case of individuals described in paragraph (2)(d),

    • (i) are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, in the case of an individual, or

    • (ii) are incorporated by or under the laws of Canada or a province, in the case of a corporation.

• Marginal note:Cause of occurrence

  (5) A claimant is not required to satisfy the Administrator that the occurrence was caused by a ship, but the Administrator shall dismiss a claim if he or she is satisfied on the evidence that the occurrence was not caused by a ship.

• Marginal note:Period for filing claim may be shortened

  (6) The Admiralty Court may, by an order made under paragraph 111(a), shorten the period referred to in subsection (3) for filing a claim under that subsection.