Canadian maritime law definition

Canadian maritime law means the law that was administered by the Exchequer Court of Canada on its Admiralty side by virtue of the Admiralty Act, chapter A-1 of the Revised Statutes of Canada, 1970, or any other statute, or that would have been so administered if that Court had had, on its Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, as that law has been altered by this Act or any other Act of Parliament;
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Canadian maritime law means the law defined as Canadian Maritime Law in the Federal Courts Act as such law has been altered by such Act or any other Act of the Canadian Parliament.
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Canadian maritime law means the law that was administered by the Exchequer Court of Canada on its admiralty side by virtue of the Admiralty Act, chapter A-1 of the Revised Statutes of Canada, 1970, or any other statute, or that would have been so administered if that Court had had, on its Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, as that law has been altered by this Act or any other Act of Parliament.In the wake of a lengthy series of judgments concerning the Federal Court's jurisdiction, the Supreme Court recognized in ITO v. Miida Electronics Inc. the existence of a uniform Canadian maritime law covering the entire field of federal jurisdiction in the matter and excluding the supplementary use of provincial law.29 Based essentially on the common law of England, it held, Canadian maritime law thus embraces certain principles originating in English maritime law which have been received in Canada law.As maritime law has been defined by the Supreme Court as autonomous law, the concept of dissociation thus applies in that the application of this provision bars the supplementary application of the law of the provinces.The reciprocal action of these two legal systems can thus manifest itself in various ways and it is in the interaction of their respective rules and principles, as it sometimes leads the legislator or the interpreter of the act to proceed with the harmonization or necessary coordination of their relations, that the most interesting phenomena are discerned. The realization of the Complementarity relationship The process of harmonizing federal statutes with the new terminology and concepts of the recent Civil Code of Quebec and bijural and bilingual legislative drafting techniques put into place with respect to the Harmonization Project of the Department of Justice Canada validate precisely these relationships of complementarity, while at the same time respecting the just discussed notion of dissociation. The experiment in this field is unique to Canada and, as Senator Gérald-A. Beaudoin30 said during the debate on Bill S-22, A First Bill to harmonize the federal law with the civil law, tabled in the Senate on May 11, 2000, “gives us weight on the international scene”.This experience has quite naturally resulted in a certain number of neologisms and new concepts and in the development of new research and harmonization techniques. The Civil Code Section has undertaken to systematize these harmonization techniques in view of the...
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Examples of Canadian maritime law in a sentence

  • All claims and disputes arising out of or in connection with our Services, whether in contract or in tort, shall be submitted to a court having jurisdiction over the subject matter in Quebec City and in accordance with Canadian maritime law as applied in the Province of Quebec.

  • The jurisdiction of the Federal Court was challenged on the grounds that the claim was primarily for breach of a contract of sale and was therefore governed by provincial law and not Canadian maritime law.

  • Any dispute arising under or in relation to this Agreement shall be governed by the laws of the Province of Nova Scotia and Canadian maritime law, and any action to enforce this Agreement must be brought exclusively in the courts of Nova Scotia or the Federal Court (of Canada).

  • This Way Bill shall be governed by Canadian maritime law as this expression is defined at section 2 of the Federal Courts Act.

  • He then considered the meaning and effect of sections 2 and 42 of the Federal Court Act and held that they did no more than continue as Canadian maritime law that body of law that had been administered under the Admiralty Acts of 1890 and 1934.

  • If they were integrally connected to maritime matters then Canadian maritime law would apply.

  • Rather, the word "maritime" is to be interpreted within the modern context of commerce and shipping, and the ambit of Canadian maritime law should be considered limited only by the constitutional division of powers in the Constitution Act, 1867.

  • The scope of Canadian maritime law is not limited by the scope of English admiralty law at the time of its adoption into Canadian law in 1934.

  • He again reiterated the uniform nature of Canadian maritime law and stressed that it applied regardless of the court.

  • The test for determining whether a subject matter under consideration is within maritime law requires a finding that the subject matter is so integrally connected to maritime matters as to be legitimate Canadian maritime law within federal competence: ITO, supra, at p.

Related to Canadian maritime law

  • POPI Act means the Protection of Personal Information Act, 4 of 2013;

  • ACNC Act means the Australian Charities and Not-for-profits Commission Act 2012 (Cth).

  • European Data Protection Law means the GDPR and any data protection law of a European Member State and Switzerland, including local legislation implementing the requirements of the GDPR, including subordinate legislation, in each case as amended from time to time;

  • European Data Protection Laws means data protection laws applicable in Europe, including: (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; and (iii) applicable national implementations of (i) and (ii); or (iii) GDPR as it forms parts of the United Kingdom domestic law by virtue of Section 3 of the European Union (Withdrawal) Act 2018 ("UK GDPR"); and (iv) Swiss Federal Data Protection Act on 19 June 1992 and its Ordinance ("Swiss DPA"); in each case, as may be amended, superseded or replaced.

  • Canada means the ten provinces of Canada, the Yukon Territory, the Districts and Islands comprising the Northwest Territories of Canada and Nunavut.

  • FW Act means the Fair Work Act 2009, as amended from time to time.

  • UK Data Protection Laws means the Data Protection Xxx 0000 (incorporating the UK GDPR) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and the laws implementing or supplementing them;

  • foreign ship means a ship which—

  • foreign fishing vessel means any fishing vessel other than a local fishing vessel;

  • Foreign Air Carrier ’ means a person, not a citizen of the United States, undertaking by any means, directly or indirectly, to provide foreign air transportation.

  • bye-law means a bye-law framed by the corporation under this Act;

  • IMDG Code means the International Maritime Dangerous Goods Code, for the implementation of Chapter VII, Part A, of the International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention), published by the International Maritime Organization (IMO), London;

  • Applicable Data Protection Law means all data privacy or data protection laws or regulations globally that apply to the Processing of Personal Information under this Data Processing Agreement, which may include Applicable European Data Protection Law.

  • U.S.-flag air carrier means an air carrier holding a certificate under 49 U.S.C. Chapter 411.

  • Foreign flag vessel means any vessel that is not a U.S.-flag vessel.

  • FMC Act means the Financial Markets Conduct Act 2013.

  • Partner Jurisdiction Financial Institution means (i) any Financial Institution established in a Partner Jurisdiction, but excluding any branch of such Financial Institution that is located outside the Partner Jurisdiction, and (ii) any branch of a Financial Institution not established in the Partner Jurisdiction, if such branch is located in the Partner Jurisdiction.

  • FOI Act means the Freedom of Information Act 2000 and any subordinate legislation made under that Act or any code issued pursuant to sections 45 or 46 of that Act or any guidance issued by the Information Commissioner;

  • British Council Requirements means the instructions, requirements, policies, codes of conduct, guidelines, forms and other documents notified to the Supplier in writing or set out on the British Council’s website at xxxx://xxx.xxxxxxxxxxxxxx.xxx/new/about-us/jobs/folder_jobs/register-as-a-consultant/policies-for-consultants-and-associates/ or such other web address as may be notified to the Supplier from time to time (as such documents may be amended, updated or supplemented from time to time during the Term);

  • Corporations Law means the Corporations Law of the Commonwealth of Australia as applying in each State and Territory of Australia;

  • Canadian securities legislation means the securities laws in force in each province and territory of Canada, all regulations, rules, orders and policies made thereunder and all multilateral and national instruments adopted by the Securities Regulatory Authorities in such jurisdictions;

  • UK Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

  • Environmental Legislation means any laws, statutes, regulations, orders, bylaws, permits or lawful requirements of any governmental authority with respect to environmental protection;

  • Applicable Data Protection Legislation means any national or internationally binding data protection laws or regulations (including but not limited to the GDPR and the Austrian Data Protection Act (“DSG”)) including any requirements, guidelines and recommendations of the competent data protection authorities applicable at any time during the term of this DPA to, as the case may be, the Data Controller or the Data Processor;

  • Uniform Commercial Code means the New York Uniform Commercial Code as in effect from time to time.

  • Australian Corporations Act means the Corporations Xxx 0000 (Cth) of Australia.