Claims for injuries arising out of boating and marine activities requires knowledge and experience. Boating accidents occur frequently in the Maritime Provinces, given the proximity to oceans, lakes, and rivers. Injuries can arise out of many different situations and activities, including motorboat and sailboat collisions, pleasure boating mishaps, water skiing injuries, ferry mishaps, swimmers struck by boats, and many other situations.
Special rules apply to Passengers under a contract of carriage. Boating Safety Regulations in force apply to all boating activities and require the operator of every boat to have proven competency in boat operation through completion of a boating safety course and to have obtained a Pleasure Craft Operator card. Boating safety regulations include speed limits, right of way, traffic/signal lights, and signs.
Liability in boat collision situations is generally determined under a Federal law entitled the Marine Liability Act. Special rules apply in respect to claims for injury or death, and include claims by dependents. Special rules apply to Passengers under a contract of carriage, contained in Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974. A 2 year limitation period is imposed under the Act to commence an action.
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