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Marine Liability Act

Version of section 88 from 2003-01-01 to 2010-01-01:

Marginal note:Meaning of terms

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

  • Marginal note: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, except in the case of a familytype 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, a person engaged exclusively in supervisory or managerial functions.

  • Marginal note:Filing of claim with Administrator

    (3) Subject to this section, a claimant who has suffered or will suffer a loss of income, or loss of a source of food or animal skins in the case of a person described in paragraph (2)(d), resulting from a discharge of oil from a ship and not recoverable otherwise under this Part 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 occurred 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 caused 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 of Canada 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 satisfied on the evidence that the occurrence was not caused by a ship.

  • Marginal note:Time for filing claim may be shortened

    (6) The period mentioned in subsection (3) for filing a claim under that subsection may be shortened by order of the Admiralty Court under paragraph 92(a).

  • 2001, c. 6, s. 88, c. 27, s. 273.1

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