The fifth anniversary of the Marine Liability Act, S.C. 2001, c. 6 (the “Act”) is on August 8, 2001. While the Act has been written on before in this column, it is worth reviewing the scope of the Act given that almost 5 years has passed since it became the primary legislation in Canada dealing with maritime claims. According to government literature the Act was designed to
achieve the following:
- To adopt a new regime of Shipowner’s liability to passengers and a new regime for apportioning liability.
- To consolidate existing marine liability regimes to one comprehensive piece of legislation; and
- To validate certain bylaws and regulations made under Canada Ports Corporation Act and the Pilotage Act.