Maritime Liens, Mortgages and Priorities The substantive law applicable to maritime liens, ship’s mortgages and priorities differs significantly from the law that is applied to land based property as does the procedural law. Mortgages Registered Vessels The law applicable to mortgages on ships is dependant on whether the particular ship is a "registered" vessel under the Canada Shipping Act, 2001. …

Collisions See the Collision Regulations.

Personal Injury Is the Injured Person’s Claim Governed by Part 4 of the MLA? For cases involving personal injury or fatalities to persons on board a ship or caused by a ship, the first step is to determine whether the injured person is a "passenger" within the meaning of Part 4 of the Marine Liability Act. If the injured person …

Marine Insurance Marine insurance in Canada is governed by the Marine Insurance Act which is modeled on the English Act of 1906. Over the years we have prepared various papers relating to marine insurance. Links to these papers are provided below. Readers are cautioned that the papers, though current as of the date prepared, are not updated. Outline of the …

Carriage of Goods by Sea Part 5 of the Marine Liability Act (formerly the Carriage of Goods by Water Act) governs the carriage of goods by sea to or from Canada and within Canada. The Act implements the Hague-Visby Rules and provides for the possible future implementation of the Hamburg Rules. Pursuant to the Hague-Visby Rules the carrier of the …

Carriage of Passengers The carriage of passengers is regulated by Part 4 of the Marine Liability Act which implements the 1974 Athens Convention relating to the Carriage of Passengers and their Luggage by Sea and the 1990 Protocol and introduces special Canadian amendments. The operative section is Section 37 which gives the Convention and Protocol the force of law in …