Lloyd's Maritime and Commercial Law Quarterly
CANADIAN MARITIME LEGISLATION AND DECISIONS 1997–1998
William Tetley*
LEGISLATION
A. Canada Shipping Act mendment Maritime Liability)
The Act to Amend the Canada Shipping Act (Maritime Liability)1 received Royal Assent on 12 May 1998. This legislation will enable Canada to become a party to the Convention on Limitation of Liability for Maritime Claims 1976,2 as amended by its 1996 Protocol,3 as well as to the 1992 Protocols4 to the Civil Liability Convention (CLC) 19695 and the Fund Convention 1971.6 The amendments relating to the 1976 Limitation Convention and its 1996 Protocol, in force as of 10 August 1998, significantly increase the liability limitation available under the Canada Shipping Act7 for maritime claims generally above former levels, which were based on the Limitation Convention 1957.8 The amendments relating to the 1992 Protocols, to come into force on 29 May 1999, have the effect of increasing the maximum compensation for oil pollution from approximately Can. $120 million to approximately Can. $270 million, including the limitation amount payable under the CLC Convention 1969 and a supplementary sum available from the International Oil Pollution Compensation (IOPC) Fund. Costs of oil pollution preventive measures will be recoverable from owners of the polluting vessels, who will also be liable for reasonable measures of reinstatement where the pollution causes environmental impairment. The legislation covers Canada’s inland waters and territorial sea, as well as its Exclusive Economic Zone (EEZ).
* Q.C., Professor of Law, McGill University and counsel to Langlois, Gaudreau, O’Connor of Montreal. The author is indebted to Robert C. Wilkins and to Danhoé Reddy-Girard (McGill University) for their assistance in the preparation and correction of the text, as well as to Mark A. M. Gauthier, Senior Counsel, Transport Legal Services, Department of Justice of Canada and to David Colford.
1. S.C. 1998, c. 6 (formerly Bill S-4 of 1997).
2. Adopted at London, 19 November 1976 and in force internationally as of 1 December 1986.
3. Protocol of 1996 to Amend the Convention on Limitation of Liability for Maritime Claims 1976, adopted at London, 3 May 1996, but not yet in force.
4. Protocols of 1992 to Amend the International Convention on Civil Liability for Oil Pollution Damage 1969 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971, adopted at London, 27 November 1992 and in force internationally as of 30 May 1996.
5. International Convention on Civil Liability for Oil Pollution Damage, adopted at Brussels, 29 November 1969 and in force internationally as of 19 June 1975.
6. International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, adopted at Brussels, 18 December 1971, and in force internationally as of 16 October 1978.
7. R.S.C. 1985, c. S-9.
8. International Convention relating to the Liability of Owners of Sea-going Ships, adopted at Brussels, 10 October 1957, and in force internationally as of 31 May 1968.
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