CANADA Law and Practice Contributed by: Rui Fernandes, Andrea Fernandes and Conal Calvert, Gardiner Roberts LLP
Gardiner Roberts LLP 3600-22 Adelaide St West Toronto Ontario M5H 4E3 Canada Tel: +1 416 865 6600 Fax: +1 416 865 6636 Email: contactGR@grllp.com Web: www.grllp.com
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts Authority for navigation and shipping matters lies with the federal government and disputes arising from maritime matters are heard in the Federal Court, which is Canada’s admiralty court. The Federal Court is a single circuit court for the country hearing mat - ters locally. While the superior courts of the provinces maintain concurrent subject-matter jurisdiction, in practice the Federal Court is the venue for marine and shipping disputes. Personal injury matters aris - ing from maritime issues are frequently brought in the superior courts. The authority of the maritime courts in Canada is established by the Federal Courts Act, and the prin - cipal legislation dealing with marine matters includes the following, together with their respective regula - tions:
• ownership title and possession of ships; • ship mortgages; • claims for damage or loss of life and personal injury caused by or occurring in connection with a ship; • damage or loss of cargo or goods carried on a ship; • claims arising out of an agreement relating to the carriage of goods on a ship under a through bill of lading regardless of the place of the damage or loss; • disputes related to charterparty agreements, sal - vage, towage or pilotage; • disputes related to ship supplies and services; • contracts related to construction, repair and equip - ping of ships; • crew wages and advances made on account of the ship; • dock charges, harbour dues or tolls; • claims in connection with contracts of marine insurance; • general average; and • claims related to pollution by vessels. 1.2 Port State Control The Marine Safety and Security Branch of Transport Canada is responsible for port state control in Cana - da. Transport Canada ensures compliance with vari - ous international obligations and domestic laws and regulations, including: • International Convention for the Safety of Life at Sea (SOLAS); • International Convention for the Prevention of Pol - lution from Ships (MARPOL);
• Canada Marine Act; • Marine Insurance Act; • Marine Liability Act; and • Canada Shipping Act 2001.
Some provinces have legislation dealing with similar areas but the federal legislation is of primary concern. Common maritime and shipping claims heard in Fed - eral Court are disputes with respect to the following:
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