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Marine Liability Act

Version of section 79 from 2010-01-02 to 2022-11-16:


Marginal note:Jurisdiction

  •  (1) The Admiralty Court has jurisdiction with respect to claims for compensation brought in Canada under any convention under Division 1 and claims for compensation under Division 2.

  • Marginal note:Jurisdiction may be exercised in rem

    (2) The jurisdiction conferred on the Admiralty Court may be exercised in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court.

  • Marginal note:Exempt ships and cargoes

    (3) No action in rem may be commenced in Canada against

    • (a) a warship, coast guard ship or police vessel;

    • (b) a ship owned or operated by Canada or a province, or any cargo carried on such a ship, if the ship is engaged on government service; or

    • (c) a ship owned or operated by a state, other than Canada, or any cargo carried on such a ship, with respect to a claim if, at the time the claim arises or the action is commenced, the ship is being used exclusively for non-commercial governmental purposes.

  • 2001, c. 6, s. 79
  • 2009, c. 21, s. 11
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