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

Marginal note:Proof of offence

134 In a prosecution of a ship for an offence under this Act, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a designated officer, whether or not the person on board is identified.

Marginal note:Limitation period

• 135 (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister becomes aware of the subject matter of the proceedings.

• Marginal note:Minister’s certificate

  (2) A document that purports to have been issued by the Minister and that certifies the day on which he or she became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence that the Minister became aware of the subject matter on that day.

• Marginal note:Defendant outside Canada

  (3) If the proceedings cannot be commenced within two years because the proposed defend-ant is outside Canada, the proceedings may be commenced not later than two months after the defendant returns to Canada.

Sale of Ships

Marginal note:Application by Minister

• 136 (1) The Minister may apply to any court of competent jurisdiction for an order authorizing him or her to sell a ship that has been detained under section 129 if

  • (a) an information is laid in respect of an offence under subsection 55(1) or (2) or 73(1) or (2) or of a regulation made under paragraph 39(a) or (b), and

    • (i) the security required under paragraph 129(4)(b) is not deposited within the time specified in the detention order,

    • (ii) the person or ship charged is convicted, and

    • (iii) the fine imposed and the expenses incurred in respect of the detained ship have not been paid; and

  • (b) no information is laid and

    • (i) the measures referred to in paragraph 129(4)(a) have not been taken within the time specified in the detention order, and

    • (ii) the expenses incurred in respect of the detained ship have not been paid.

• Marginal note:Court may authorize sale

  (2) A court seized of an application for the sale of a ship may

  • (a) authorize the Minister to sell the ship in the manner and subject to the terms and conditions that it considers appropriate; and

  • (b) on application by the Minister or a person referred to in paragraph 137(1)(b) or (c), give directions concerning the ranking of the interests in the ship.

Marginal note:Notice

• 137 (1) As soon as is feasible after making an application under section 136, the Minister shall give notice of the application by registered mail to

  • (a) the registrar of the register in which the ship is registered;

  • (b) the holder of any mortgage registered against the ship that is registered in the register referred to in paragraph (a); and

  • (c) the holder of any maritime lien against the ship and the holder of any similar interest, if the holder is known to the Minister at the time of the application.

• Marginal note:Day notice deemed to be given

  (2) A notice sent by registered mail is deemed to have been given to the person to whom it is sent on the day on which the Minister receives an acknowledgement of receipt.

• Marginal note:Relief from giving notice

  (3) If the court that is seized of an application for the sale of a ship is satisfied that it is appropriate to do so, it may relieve the Minister of the obligation to give the notice referred to in subsection (1), or authorize him or her to give the notice in any other manner that it considers appropriate.

Marginal note:Payment of proceeds

• 138 (1) If a ship is sold under an order, the proceeds of the sale shall be applied to satisfy claims in the following order of priority:

  • (a) the expenses incurred in respect of the detained ship and its sale;

  • (b) the claims of the master and crew members for wages;

  • (c) the amount of any fine imposed;

  • (d) the interests of persons who have been recognized and ranked by the court under paragraph 136(2)(b).

• Marginal note:Surplus

  (2) Any surplus of the proceeds of sale remaining after all claims have been satisfied is to be paid to the person registered as the owner of the ship or, in the absence of any registration, to the person who owns the ship.

• Marginal note:Proceedings against owner

  (3) If the proceeds of sale of a ship are insufficient to satisfy the claims described in paragraphs (1)(a) and (c), the Minister may proceed against the owner of the ship for the balance owing.

• Marginal note:Clear title

  (4) On selling a ship under an order, the Minister may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim that is in existence at the time of the sale.

Maritime Lien

Definition of foreign vessel

• 139 (1) In this section, foreign vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001.

• Marginal note:Maritime lien

  (2) A person, carrying on business in Canada, has a maritime lien against a foreign vessel for claims that arise

  • (a) in respect of goods, materials or services wherever supplied to the foreign vessel for its operation or maintenance, including, without restricting the generality of the foregoing, stevedoring and lighterage; or

  • (b) out of a contract relating to the repair or equipping of the foreign vessel.

• Marginal note:Services requested by owner

  (2.1) Subject to section 251 of the Canada Shipping Act, 2001, for the purposes of paragraph (2)(a), with respect to stevedoring or lighterage, the services must have been provided at the request of the owner of the foreign vessel or a person acting on the owner’s behalf.

• Marginal note:Exception

  (3) A maritime lien against a foreign vessel may be enforced by an action in rem against a foreign vessel unless

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

  • (b) at the time the claim arises or the action is commenced, the vessel is being used exclusively for non-commercial governmental purposes.

• Marginal note:Federal Courts Act

  (4) Subsection 43(3) of the Federal Courts Act does not apply to a claim secured by a maritime lien under this section.

Limitation Period

Marginal note:Proceedings under maritime law

140 Except as otherwise provided in this Act or in any other Act of Parliament, no proceedings under Canadian maritime law in relation to any matter coming within the class of navigation and shipping may be commenced later than three years after the day on which the cause of action arises.

Inconsistency

Marginal note:Priority over Arctic Waters Pollution Prevention Act

141 In the event of an inconsistency between this Act and the provisions of the Arctic Waters Pollution Prevention Act, the provisions of this Act prevail to the extent of the inconsistency.

Coming Into Force

Marginal note:Order in council

Footnote ^*142 Section 45 comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Section 45 not in force.]