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Welcome to the website of the Canadian Maritime Law Association. Members of the public are invited to browse the public parts of our website to learn about us. If you have an interest in Canadian maritime law and are not already a member of CMLA, please apply for membership.

If you are a member of CMLA, it is recommended that you proceed directly to the Members Only section which contains additional News and Events relevant to members as well as the full database of CMLA reports and AGM documents. CMLA members may retrieve their passwords here.

 

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 Wrecked, Abandoned or Hazardous Vessels Act (WAHVA) in Force, July 30, 2019

The Wrecked, Abandoned or Hazardous Vessels Act (“WAHVA”) entered into force on July 30, 2019. As a result, inter alia: • The International Convention on the Removal of Wrecks, 2007 is implemented in Canada; • Owners of vessels of 300 gross tonnage and above, and unregistered vessels being towed, must maintain wreck removal insurance or other financial security; • The International Convention on Salvage, 1989 and the provisions in the Canada Shipping Act, 2001 with respect to the receiver of wreck are re-enacted (Part 6 of the CSA, 2001 is amended as required and Part 7 of the CSA, 2001 is repealed) • Vessel abandonment and/or leaving of a dilapidated vessel in the same place for more than 60 days without authorization are prohibited. • Not complying with the Act can result in penalties of up to $50,000 for individuals and $250,000 for companies or corporations, while regulatory offence prosecution could result in a maximum fine of $1M for individuals and $6M for companies or corporations. (Summary provided by Eric Machum, CMLA Regional Vice-President (East) and Chair of the Legislative and Regulatory Committee

 New CMLA President - Shelley Chapelski

At the CMLA’s AGM held on June 13, 2019, Shelley Chapelski, partner at Norton Rose Fulbright Canada LLP in Vancouver, was elected the President of the organization. She is just the second woman to hold this position during the 68-year history of the CMLA (the other person being Madame Justice Johanne Gauthier of the Federal Court of Appeal of Canada). Paul Harquail, a partner with Stewart McKelvey in Saint John, N.B., was elected as the National Vice President.

 Peter Pamel appointed to the Federal Court of Canada

On May 6, 2019, the Hon. David Lametti, Minister of Justice and Attorney General of Canada, announced the appointment of Peter Pamel, partner in the Montreal office of Borden Ladner Gervais, LLP, as a judge of the Federal Court of Canada and a judge ex officio of the Federal Court of Appeal, replacing Mr. Justice M.M.J. Shore, who elected to become a supernumerary judge effective March 21, 2018. Peter Pamel obtained a Bachelor of Commerce degree in Finance from Concordia University in 1983 and graduated from the Faculty of Law of McGill University, with civil and common law degrees, in 1987. Admitted to the Barreau du Québec in 1988, he joined McMaster Meighen, a predecessor firm of Borden Ladner Gervais ("BLG"), and has practised maritime law for over 30 years, as well as working for a short time in the shipping industry. Peter has served as counsel to numerous Canadian and international marine stakeholders, dealing with all aspects of admiralty law and marine insurance. A longtime member of the CMLA, Justice Pamel was a founding member of BLG's Team North and head of its maritime law section. He is also past chair of the CMLA's Arctic Issues Committee. He has spoken at, and chaired, conferences on Arctic navigation issues around the world. He also contributed to the second edition of "Canadian Maritime Law" and is the author of numerous articles on maritime law and Arctic navigation. All CMLA members join in transmitting hearty congratulations to Mr. Justice Pamel on his well-deserved appointment to the Bench, as well as best wishes for success and happiness as he assumes the challenging responsibilities of a judge in Canada's Federal Court.

 Mr. Justice Harrington retires

After serving more than 15 years on the Federal Court bench, Mr. Justice Harrington has reached the Court's mandatory retirement age. At the time of his appointment, he was President of this Association. He is an Honourary Life Member and a Titulary Member of the C.M.I. He tells us he is available for consultation, mediation and arbitration. He can be reached at: 176 River Lane Ottawa, ON K1M 1T1 Tel.: 613-748-0501. We wish him every success.

 Death of Jerry Rysanek

The CMLA laments the recent and suddent death of Jerry Rysanek, one of its Honorary Members. Jerry was formerly Director of International Marine Policy at Transport Canada in Ottawa. In that capacity, he was a long-time and faithful supporter of the CMLA and worked with its officers repeatedly for many years on projects like the adoption of the Marine Insurance Act and the Marine Liability Act and its annual meetings with government officials. He was also deeply involved in the International Oil Pollutions Compensation Funds, especially the 1992 Fund. The CMLA Board designated Jerry as an Honorary Member in 2011. A man of great learning and humanity, with tremendous professional competence, integrity, and a delightful sense of humour, Jerry will be greatly missed by all who knew him. The CMLA membership joins in extending heartfelt sympathy to his widow, Marta, and the family. A memorial service in Jerry's honour will be held on Saturday, February 23, 2019, at 1:00 p.m., at the Beechwood Cemetery, 280 Beechwood Avenue, Ottawa, Ontario.

 Christopher J. Giaschi - Appointment as Judge of the British Columbia Supreme Court

The Minister of Justice of Canada, on August 31, 2018, announced the appointment of Christopher J. Giaschi, partner in the firm of Giaschi & Margolis, Vancouver, and former President and Honorary Life Member of the CMLA, as a judge of the Supreme Court of British Columbia. All CMLA members join in expressing congratulations and best wishes to the Honourable Mr. Justice Giaschi, as he assumes his new and important judicial role.

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