The Marine Liability Act: A Five Year Review

Author: Peter Swanson


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:

  1. To adopt a new regime of Shipowner’s liability to passengers and a new regime for apportioning liability.
  2. To consolidate existing marine liability regimes to one comprehensive piece of legislation; and
  3. To validate certain bylaws and regulations made under Canada Ports Corporation Act and the Pilotage Act.
From Harbour & Shipping

About Peter Swanson

Peter is a founding partner of the firm with over 30 years of professional legal experience. He practices primarily in the fields of maritime and health law. Peter’s maritime case work involves vessel arrest and security, carriage of goods by sea, enforcement of maritime liens, civil and regulatory liability for ship source pollution, collision, port state intervention, immigration, bodily injury,… view full profile »