Proceedings of the Standing Senate Committee on
Transport and Communications

Issue 4 - Sixth Report of the Committee

Thursday, June 18, 2009

The Standing Senate Committee on Transport and Communications has the honour to present its

SIXTH REPORT

Your committee, to which was referred BillC-7, An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts, has, in obedience to the order of reference of Wednesday, June 3, 2009, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.

Respectfully submitted,

LISE BACON

Chair

Observations to the Sixth Report of the Standing Senate Committee
on Transport and Communications
(BillC-7)

Your committee notes that some stakeholders are quite concerned with the provisions in BillC-7 respecting maritime liens and marine adventure tourism activities. Stakeholders recommended that the maritime lien provisions require a contract between a Canadian ship supplier and the foreign shipowner or a person authorized by the shipowner. With respect to marine adventure tourism activities, a common recommendation from representatives of the legal community was that, in order for an operator to be excluded from Part 4 of the Marine Liability Act, the operator must provide a seaworthy vessel, property crewed, at the commencement of the voyage. Representatives of the legal community believe that adding this condition to the legislation will prevent operators of unsafe vessels from using a waiver to eliminate their liability to their passengers in case of an accident. Having heard these concerns, your committee will monitor the impact of these provisions and be prepared to seek an order of reference to review provisions relating to the maritime lien and marine adventure tourism activities, should it be necessary.