Lloyd's Maritime and Commercial Law Quarterly
CANADIAN MARITIME LEGISLATION AND DECISIONS 1993–1994
William Tetley *
LEGISLATION
To the pleasure of almost everyone, the Government of Canada adopted two pieces of legislation of importance in the last year and has plans for other legislation.
1. By the enactment of the Carriage of Goods by Water Act (“COGWA 1993”),1 which came into force on 6 May 1993, Canada is now party to the Hague-Visby Rules 1968 and 1979. 2 with a package limitation of 666.67 SDR (or approximately Can. $1333.00) and a kilo limitation of 2 SDR (or approximately Can. $4.00). It is noteworthy that COGWA, 1993. 3 adopting the Hague-Visby Rules, specifically excludes “carriage of goods by ship from one place in Canada to any other place in Canada that are not covered by a bill of lading and contain a stipulation that those Rules do not apply”, i.e., cabotage. This reconfirms that waybills in international carriage from Canada are covered by the Rules as in the past.4 COGWA 1993 also adopts the Hamburg Rules, 1978,5 which, however, will only come into force when the Minister of Transport of Canada, on or before 31 December 1999 (or at five years intervals thereafter), has considered their adoption after submitting a report on the proposition before the Canadian Parliament and its appropriate transport committee, and which committee shall have reported to the House of Commons on the advisability of enacting the Rules.
2. The Marine Insurance Act
6 of Canada also came into force on 6 May 1993. It is very similar to that grandmother of all marine insurance Acts—the U.K. Marine Insurance Act of 1906.7
3. Canada is considering adopting a national Shipowners’ Limitation of Liability Act based on the 1976 Limitation of Liability for Maritime Claims Convention,8 but with higher Canadian limits. Canada will support higher limits for the 1976 Convention at an
* Q.C., Professor of Law, McGill University. The author acknowledges with thanks the assistance of Robert C. Wilkins in the preparation of this text and its correction.
1. S.C. 1993 c. 21.
2. Hague Rules adopted Brussels, 25 August 1924; Visby Protocol to the Hague Rules, adopted Brussels, 23 February 1968; and S.D.R. Protocol, adopted Brussels, 21 December 1979.
3. S. 7(4).
4. See my old hobby horse on the subject at Tetley, Marine Cargo Claims, 3rd edn. (Yvon Blais, Montréal, 1988), 944–955.
5. Adopted Hamburg, 31 March 1978.
6. S.C. 1993 c. 22.
7. (1906) 6 Edw. 7, c.41.
8. Adopted London, IMO, 19 November 1976.
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