A maritime lien is a legal claim associated with a ship for a particular category of maritime obligation. It is not a synonym for every unpaid marine invoice, and whether a claim creates a lien depends on its legal basis and the facts.
Primary sources consulted: September 24, 2026. Check the latest official text and any amendments before relying on a rule.
Start with the particular type of claim
Canadian maritime law is partly federal and partly shaped by applicable maritime law and decisions. Section 139 of the Marine Liability Act addresses a particular maritime lien for specified supplies or services to a foreign vessel; its precise words and exceptions matter. The Canada Marine Act has a different provision concerning specified port-related charges. Neither provision proves that every unpaid domestic vessel bill attracts the same security.
Identify the vessel, the nature of the debt or injury, the relevant contract, the parties and any time-sensitive enforcement steps before choosing a legal route.
A lien is different from an ordinary invoice
An invoice records a claimed amount; a lien concerns a particular right against property under applicable law. The existence, priority and enforcement of a maritime lien can require analysis of the type of claim, vessel, jurisdiction and procedural steps. Court action against a vessel is not automatic merely because a bill is unpaid.
For an accident-related claim, check the applicable liability and limitation provisions rather than assuming that rules for port fees or supplies apply.
Find authoritative sources
Read the full relevant federal statute as currently consolidated and the current Federal Courts Act and Rules where an in-rem action or arrest is contemplated. The public sources below are research starting points, not a determination that a particular party has an enforceable lien.
Official sources
- Justice Laws — Marine Liability Act, section 139
- Justice Laws — Canada Marine Act, section 122
- Federal Courts Act — official legislation