Maritime and Admiralty Law

The Federal Court has jurisdiction to resolve all disputes under Canadian maritime law and under any law relating to a matter coming within the class of subject of navigation and shipping, whether on the high seas or within Canadian territorial waters. Examples include:

• Collisions at sea, groundings and damage to fixed and floating objects;
• Pollution or other environmental damage caused to the marine environment and fishery;
• Death and personal injury caused by or while on a ship;
• Salvage operations and contributions to general average;
• All nature of claims arising from carriage of goods by sea including cargo loss or damage claims;
• Ship building, repair and equipping of a ship;
• Goods, services and materials supplied to a ship;
• Disputes arising from charter parties relating to the use, hire and possession of a ship;
• Limitation of liability for all maritime claims by various marine participants;
• Towage, pilotage, transit of seaway or canals, use of port facilities;
• Claims arising from or in connection with marine insurance, including coverage issues;
• Marine sale, mortgage, and other security interests in a ship and other marine property and disputes with respect to possession, employment or earnings derived from a ship;
• Seaman’s wages, property, benefits;
• Ship and other marine property arrest, and judicial sale and subsequent adjudication, ranking of creditor claims and distribution of sale proceeds and all other issues arising from a marine insolvency;
• Private International Law disputes arising in a maritime matter including recognition and enforcement of foreign judgments and arbitration awards.

Relevant Statutes

Canada Marine Act, SC 1998, c. 10

Canada Shipping Act, 2001, SC 2001, c. 26

Canadian Transportation Accident Investigation and Safety Board Act, SC 1989, c. 3

Coasting Trade Act, SC 1992, c. 31

Federal Courts Act, RSC 1985, c. F-7

Federal Courts Rules, SOR/98-106 

Marine Liability Act, SC 2001, c. 6