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Lloyd's Maritime and Commercial Law Quarterly

Canadian maritime legislation and decisions 1998–1999

William Tetley, Q.C. *

LEGISLATION

A. Canada Shipping Act Amendment (Maritime Liability)

The provisions of the Act to Amend the Canada Shipping Act (Maritime Liability)1 which permit the coming into force of the 1992 Protocols2 to the Civil Liability Convention (CLC) 19693 and the Fund Convention 19714 came into force on 29 May 1999. The amendments 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).

B. Canada Shipping Act reform

The first phase (“Track I”) of the overall reform of the Canada Shipping Act5 was completed with the enactment of the Act to Amend the Canada Shipping Act and to make consequential amendments to other Acts.6 Section 20 of this Act, authorizing the Minister of Transport to direct the Chief Registrar to refuse to register or list a ship built outside Canada, came into force on 11 June 1998. Various other provisions came into force on 31 October 1998, including most of those of the new Part 0.1 of the Canada Shipping Act, outlining the objectives of the statute and the respective roles and powers of the Minister

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