Shipping 2026

CANADA Law and Practice Contributed by: Rui Fernandes, Andrea Fernandes and Conal Calvert, Gardiner Roberts LLP

sewage, garbage, air emissions) via technical and operational standards. Canada has adopted most aspects of the MARPOL Convention under the Canada Shipping Act 2001, while domestic legisla - tion with stronger restrictions regarding sewage discharge in Canadian Arctic Waters are in force. • International Convention on Oil Pollution Prepar - edness, Response and Co-operation (the “1990 OPRC”) – Ratified and in force in Canada in 1995. Provides for oil pollution preparedness and mutual response co-operation. The Canada Shipping Act 2001 gives effect to the OPRC and provides the legislative frameworks in order to meet the require - ments under the convention. The Canadian Coast Guard has various national and international con - tingency plans in place to fulfil Canada’s obliga - tions under the convention. • Protocol of 2010 to the International Conven - tion on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the “2010 HNS Protocol”) – Ratified by Canada in 2018. Creates liability, compensation and reporting obligations for hazardous and noxious substances cargoes; Canada implemented the 2010 HNS Protocol via amendments to Canada’s Marine Liability Act 2001 and the Marine Liability and Information Returns Regulations. • International Convention on Salvage, 1989 – Ratified and entered into force in Canada in 1996, subject to a reservation that the convention does not apply when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the seabed. Governs salvage operations, including those involving pollutive wrecks. • Nairobi International Convention on the Removal of Wrecks, 2007 – Entered into force in Canada in 2019. The convention imposes strict liability for wreck removal on ship-owners, mandates compul - sory insurance, enables coastal states to act when ship-owners fail, and provides for liability limits under the International Convention on Limitation of Liability for Maritime Claims (LLMC). However, Canada has taken a reservation on the application of the LLMC to claims related to wreck removal. Ship-owners are not able to limit liability for claims related to the raising, removal, destruction or

rendering harmless of a ship that is sunk, wrecked, stranded or abandoned. Canada also extended the application domestically to non-seagoing vessels. Canada has various domestic laws that apply in events relating to pollution and wreck removal. • Marine Liability Act 2001 (MLA) – Among other things, the MLA implements the CLC, 1992 Fund Convention, Bunkers Convention, 2010 HNS Pro - tocol, International Convention on Salvage, 1989, and enhances Canada’s Ship-source Oil Pollution Fund (SOPF) to include oil from unknown sources. • Marine Liability and Information Return Regulations (SOR/2016-307) – Require exporters/importers of bulk oil and HNS to report quantities and pay levies to fund pollution liabilities. • Canada Shipping Act 2001 and its various pollution regulations – Encompass MARPOL implementa - tion, oil pollution prevention, pollutant discharge reporting, Arctic pollution prevention, sewage, and infrastructure for response organisations. • Ship source Oil Pollution Fund (SOPF) – A federal fund established under the Marine Liability Act, which compensates for clean-up and damage in Canadian waters resulting from ship-source oil spills when other sources are unavailable. • Wrecked, Abandoned or Hazardous Vessels Act 2019 – Implements the Nairobi Convention domes - tically, prohibits abandonment, and empowers government to intervene and seek recovery. 3.2 International Conventions: Collision and Salvage Canada has incorporated the principles of the Con - vention for the Unification of Certain Rules of Law with respect to Collisions between Vessels (the “1910 Brussels Convention”) into Canadian maritime law pri - marily through the Marine Liability Act and the Canada Shipping Act 2001. Canada’s Marine Liability Act establishes the legal framework for who pays for damages, sets liability limits, mandates insurance for passenger vessels, and outlines compensation for injuries, damages and losses in Canadian waters.

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