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FederalPassed40th Parliament, 2nd Session

Bill C-7 explained in plain English

An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 2nd Session
Bill number
Bill C-7
Full title
An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts
Current status
Passed
Latest event
Royal assent received
Last updated
Jun 23, 2009
Sponsor

Official Parliament of Canada snapshot for 40th Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
Royal assent received
Latest Activity
Jun 23, 2009
Sponsor
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

This bill amends the Marine Liability Act and the Federal Courts Act to clarify shipowner liability, implement international pollution conventions, update the Ship-source Oil Pollution Fund, and introduce new enforcement measures.

What It Means

Bill C-7, enacted as Chapter 21 of the Statutes of Canada, 2009, makes several amendments to the Marine Liability Act and the Federal Courts Act. Key changes include clarifying rules on shipowner liability for maritime claims and passenger carriage, implementing international protocols related to oil pollution compensation, modernizing the governance of the Ship-source Oil Pollution Fund, and introducing general provisions for enforcing offences. It also amends the Federal Courts Act and makes consequential changes to other statutes.

What This Bill Does
  • Amends the Marine Liability Act to clarify rules regarding the limitation of liability for shipowners concerning maritime claims and the carriage of passengers, specifically addressing participants in adventure tourism activities.
  • Amends the Marine Liability Act to implement protocols related to the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on Civil Liability for Bunker Oil Pollution Damage.
  • Continues and modernizes the governance of the Ship-source Oil Pollution Fund within the Marine Liability Act.
  • Introduces general provisions in the Marine Liability Act for the administration and enforcement of offences.
  • Creates a maritime lien for Canadian ship suppliers against foreign vessels.
  • Establishes a general limitation period for proceedings not covered by other limitation periods.
  • Amends the Federal Courts Act.
  • Makes consequential amendments to other Acts.
Who Is Affected
  • Shipowners
  • Participants in adventure tourism activities
  • Passengers on ships
  • Canadian ship suppliers
  • Foreign vessel owners
  • Ship operators
  • Maritime claimants
  • Parties involved in shipping and maritime law
  • Government of Canada (including Ministers and public service)
  • International and Supplementary Funds for oil pollution compensation
  • Federal Court and its Admiralty Court
  • Statistics Canada
  • Users of Canadian waters and exclusive economic zones
  • Individuals and corporations involved in fishing and fish processing (in relation to loss of income claims)
  • Individuals and businesses involved in importing or shipping oil in bulk
Rights, Duties, Or Obligations
  • Shipowners' liability for maritime claims and passenger carriage is clarified and potentially limited.
  • Obligations for shipowners to maintain insurance or financial security for pollution damage.
  • Rights of claimants to compensation for oil pollution damage, with established procedures for filing claims and receiving compensation.
  • Obligations for persons receiving contributing oil to pay levies to the Ship-source Oil Pollution Fund, the International Fund, and the Supplementary Fund.
  • New maritime lien rights for Canadian ship suppliers against foreign vessels.
  • Procedural rights and obligations related to legal proceedings in the Admiralty Court, including the registration and enforcement of foreign judgments.
  • Administrator's responsibilities in managing the Ship-source Oil Pollution Fund, including investigating claims and making compensation offers.
Important Dates
  • Assented to: June 23, 2009.
  • Sections 1 to 10, 12, 14 to 16 and 18 came into force 90 days after royal assent.
  • Sections 11, 13, 17 and 19 to 23 came into force on a day to be fixed by order of the Governor in Council.
  • Section 45 comes into force on a day to be fixed by order of the Governor in Council.
Financial Or Tax Impacts
  • Establishes levies on shipments of oil in bulk to the Ship-source Oil Pollution Fund, the International Fund, and the Supplementary Fund.
  • These levies are subject to annual adjustments based on the Consumer Price Index.
  • Specifies the order of priority for applying proceeds from the sale of detained ships, including expenses, wages, fines, and other claims.
  • Establishes fees for the issuance of certificates related to insurance or financial security for ships.
  • The Administrator's costs and expenses are paid out of the Consolidated Revenue Fund and charged to the Ship-source Oil Pollution Fund.
  • The Ship-source Oil Pollution Fund has specific limits of liability, which are adjusted annually based on the Consumer Price Index.
  • The International and Supplementary Funds also have established limits of compensation, with mechanisms for adjustment and payment.
Enforcement Or Penalties
  • Designated officers have powers to board ships, order them to stop or move, and make detention orders.
  • Penalties, including fines up to $100,000, can be imposed for various contraventions, such as operating ships without required certificates, evading levy payments, falsifying records, and obstructing officials.
  • Ships can be detained if found to be in contravention of certain provisions, and their owners are liable for expenses incurred during detention.
  • Security can be posted to lift detention orders, and this security can be used to cover fines and expenses.
  • The Minister can apply to a court for an order to sell a detained ship if fines, expenses, or required measures are not met.
  • Proceedings for summary conviction can be commenced within two years after the Minister becomes aware of the subject matter.
Uncertainties Or Limits
  • The bill text does not specify the exact date of coming into force for all sections, with some provisions awaiting proclamation by order of the Governor in Council.
  • While the bill details amendments to international conventions regarding liability and compensation for oil pollution, the specific monetary limits of liability are derived from these conventions and may be subject to change based on their terms.
  • The interpretation of 'reasonable measures' for pollution damage reinstatement or preventive actions could be subject to legal interpretation.
  • The specific amount of levies and contributions to the Ship-source Oil Pollution Fund, International Fund, and Supplementary Fund will be determined by regulations and adjusted annually based on the Consumer Price Index, meaning these amounts can fluctuate.
Laws Or Regulations Affected
Marine Liability Act
amends

Modifies various parts of the Act to clarify liability for maritime claims, passenger carriage, and oil pollution damage, and to update provisions related to the Ship-source Oil Pollution Fund.

Source: Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 141

Federal Courts Act
amends

Amends the Federal Courts Act, including changes related to the jurisdiction of the Admiralty Court and the registration of foreign judgments.

Source: Section 18

Statistics Act
references

References the Statistics Act in the context of calculating adjustments based on the Consumer Price Index.

Source: Sections 110 and 113

Canada Business Corporations Act
references

References the Canada Business Corporations Act for defining 'associated persons' in relation to certain international conventions.

Source: Sections 60 and 66

Canada Shipping Act, 2001
references

References the Canada Shipping Act, 2001, in various sections related to ship documentation, response organizations, and maritime liens.

Source: Sections 3, 51, 71, 73, 77, 102, 139

Immigration and Refugee Protection Act
references

References the Immigration and Refugee Protection Act for defining 'permanent residents' in the context of claims for loss of income.

Source: Section 107

Public Service Superannuation Act
references

References the Public Service Superannuation Act for the definition of 'public service' when appointing assessors for the Ship-source Oil Pollution Fund.

Source: Section 108

Inquiries Act
references

References the Inquiries Act regarding the powers of the Administrator and assessors when investigating claims.

Source: Sections 105 and 108

Criminal Code
references

References the Criminal Code regarding the issuance of warrants for entering dwelling places during investigations.

Source: Sections 119 and 128

Crown Liability and Proceedings Act
references

References the Crown Liability and Proceedings Act concerning the liability of the Crown for actions of designated officers.

Source: Section 127

Arctic Waters Pollution Prevention Act
amends

Establishes that the Marine Liability Act prevails in cases of inconsistency.

Source: Section 21, 141

Nunavut Waters and Nunavut Surface Rights Tribunal Act
amends

Amends the Act to align definitions of 'discharge', 'oil', 'owner', and 'ship' with the Marine Liability Act.

Source: Section 22

International Convention on Civil Liability for Oil Pollution Damage, 1992 (and Protocol of 1996)
implements

Makes provisions of the convention and protocol have the force of law in Canada, affecting liability for oil pollution.

Source: Sections 2, 7, 11, 48, 50, 51, 52, 53, 54, 55, 56, 76, 77, 78, 79, 80, 136, 139, Schedule 5

International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
implements

Makes provisions of the convention have the force of law in Canada, affecting liability for bunker oil pollution.

Source: Sections 11, 40, 71, 72, 73, 74, 76, 77, 78, 79, 80, 136, 139, Schedule 8

International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (and Protocol of 2003)
implements

Makes provisions of the convention and protocol have the force of law in Canada, establishing compensation mechanisms for oil pollution.

Source: Sections 11, 57, 58, 59, 60, 61, 62, 76, 77, 78, 79, 80, 101, 102, 106, 108, 110, 111, 112, 113, 114, 115, 116, 117, Schedule 6

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 29 January 2009, the Minister of Transport, Infrastructure and Communities introduced Bill C-7, An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts, in the House of Commons and it was given first reading. The Marine Liability Act established a new regime governing a vessel operator’s liability for passenger claims. That regime is set out in Part 4 of the Act and includes a “per capita” limit of liability of about $350,000 per passenger. The Marine Liability Act further invalidated waivers and any other contractual provisions that would relieve operators of their liability to passengers, and enabled the introduction of regulations requiring operators of commercial or public purpose vessels to maintain insurance to cover liability to passengers. Bill C-7 amends Parts 3 and 4 of the Marine Liability Act to clarify certain rules of the limitation of liability of owners of ships for maritime claims and liability for the carriage of passengers, in particular the treatment of participants in adventure tourism activities. The bill also: • Amends Part 6 of that Act to implement the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 as well as the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. • Amends Part 7 of that Act with respect to the liability regime of the Ship-source Oil Pollution Fund. • Includes general provisions relating to Part 8 of that Act concerning the administration and enforcement of offences under the Act and creates a maritime lien for Canadian ship suppliers against foreign vessels and establishes a general limitation period for proceedings not covered by other limitation periods. Finally, Bill C-7 amends the Federal Courts Act and makes consequential amendments to other Acts.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
May 14, 2009
Completed

Bill C-7 completed its first reading in the Senate on May 14, 2009, as part of its legislative journey that concluded with royal assent on June 23, 2009.

First reading, May 14, 2009
End of stage activity, May 14, 2009
Chamber sittings
First reading - May 14, 2009

The Senate began the process for Bill C-7 by giving it a first reading and scheduling its second reading for two days later.

Step 2
Second reading
Jun 3, 2009
Completed

The Senate conducted a second reading of Bill C-7, referring it to committee, and the bill eventually received Royal Assent.

Second reading, Jun 3, 2009
Referral to committee, Jun 3, 2009
End of stage activity, Jun 3, 2009
Chamber sittings
Debate at second reading - May 28, 2009

On May 28, 2009, the Senate engaged in routine proceedings, question period, and debated various bills, including Bill C-7 concerning marine liability and federal courts, with the debate on Bill C-7 being adjourned.

In the Senate, Senator Housakos introduced Bill C-7 at second reading, outlining its purpose to enhance marine liability and compensation regimes, increase oil spill compensation, and address other marine transport issues.

Debate at second reading - Jun 3, 2009

During a Senate sitting on June 3, 2009, tributes were paid to retiring Senator Norman K. Atkins, various reports were tabled, questions were raised on government actions and climate change policy, and Bill C-7, concerning marine liability and federal courts, received second reading before being sent to committee.

During the Senate's second reading debate on Bill C-7, Senator Mercer supported the bill's environmental and liability provisions, after which the bill was sent to committee, and the Senate also held tributes for retiring Senator Norman K. Atkins.

Step 3
Consideration in committee
Jun 18, 2009
Completed

The Senate completed its committee review of Bill C-7 on June 18, 2009, before the bill received Royal Assent.

Committee report presented, Jun 18, 2009
End of stage activity, Jun 18, 2009
Chamber sittings
Committee report presented - Jun 18, 2009

The Senate received a committee report on Bill C-7, noting observations on stakeholder concerns regarding maritime liens and marine adventure tourism, and scheduled the bill for further reading.

Step 4
Third reading
Jun 22, 2009
Completed

The Senate completed the third reading of Bill C-7 on June 22, 2009, after which it received Royal Assent.

Third reading, Jun 22, 2009
End of stage activity, Jun 22, 2009
Chamber sittings
Debate at third reading - Jun 22, 2009

During the Senate's third reading debate on June 22, 2009, Bill C-7, an act to amend maritime liability laws, passed with broad support after Senator Leo Housakos highlighted its benefits, including increased compensation for pollution incidents and the ratification of international conventions.

Step 1
First reading
Jan 29, 2009
Completed

Bill C-7, an act to amend the Marine Liability Act and the Federal Courts Act, completed its first reading in the House of Commons on January 29, 2009, and later received royal assent on June 23, 2009.

Introduction and first reading, Jan 29, 2009
End of stage activity, Jan 29, 2009
Chamber sittings
Introduction and first reading - Jan 29, 2009

On January 29, 2009, the House of Commons debated the Budget and heard Points of Order, Routine Proceedings, Statements by Members, and Oral Questions.

Step 2
Second reading
Mar 30, 2009
Completed

The House of Commons completed the second reading stage for Bill C-7 on March 30, 2009, and referred it to committee.

Second reading and referral to committee, Mar 30, 2009
End of stage activity, Mar 30, 2009
Chamber sittings
Debate at second reading - Feb 25, 2009

This House of Commons Hansard record from February 25, 2009, details the second reading debate on Bill C-7, which proposes amendments to marine liability laws to enhance environmental protection and compensation for oil spills, alongside discussions on economic and other policy matters by various MPs.

Debate at second reading - Mar 30, 2009

On May 14, 2009, the Senate commenced the first reading of Bill C-7, "An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts," and engaged in various other procedural activities and debates.

Step 3
Consideration in committee
May 8, 2009
Completed

The House of Commons committee completed its consideration of Bill C-7, a legislative step involving detailed review and discussion of the bill.

Committee report presented, May 8, 2009
End of stage activity, May 8, 2009
Chamber sittings
Committee report presented - May 8, 2009

During a House of Commons sitting on May 8, 2009, members debated Bill C-27, the Electronic Commerce Protection Act, focusing on anti-spam measures and their implications, before referring it to committee.

Step 4
Report stage
May 13, 2009
Completed

On May 13, 2009, the House of Commons completed the Report Stage for Bill C-7, after which it proceeded to Third Reading and was agreed to, before later receiving Royal Assent.

Concurrence at report stage, May 13, 2009
End of stage activity, May 13, 2009
Chamber sittings
Debate at report stage - May 13, 2009

This House of Commons sitting on May 13, 2009, featured debates and passage of several bills, including environmental enforcement and marine liability acts, alongside discussions on various other legislative matters and adjournment topics.

Step 5
Third reading
May 14, 2009
Completed

The House of Commons completed the Third Reading stage for Bill C-7 on May 14, 2009.

Third reading, May 14, 2009
End of stage activity, May 14, 2009
Chamber sittings
Debate at third reading - May 13, 2009

During the third reading debate on Bill C-7, Members of Parliament discussed its amendments to the Marine Liability Act and Federal Courts Act, with parties expressing support and offering detailed perspectives on its clauses before it proceeded.

Debate at third reading - May 14, 2009

During the third reading debate of Bill C-7 in the House of Commons, the government's proposed maritime lien was criticized for its lack of practical enforceability for small claims, while broader discussions covered international conventions, pollution liability, and adventure tourism regulations.

Step 1
Royal assent
Jun 23, 2009
Royal assent, Jun 23, 2009
End of stage activity, Jun 23, 2009
Chamber sittings
Royal assent - Jun 23, 2009

We don't have a plain-language summary for Debates of the Senate yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
John Baird
Sponsor party or district not listed
Jurisdiction
Federal Parliament

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced