Marginal note:Duties of Administrator
86. (1) On receipt of a claim under section 85, the Administrator shall
(a) investigate and assess the claim; and
(b) make an offer of compensation to the claimant for whatever portion of the claim the Administrator finds to be established.
Marginal note:Powers of Administrator
(2) For the purpose of investigating and assessing a claim, the Administrator has the powers of a commissioner under Part I of the Inquiries Act.
Marginal note:Factors to be considered
(3) In investigating and assessing a claim, the Administrator may consider only
(a) whether the claim is for loss, damage, costs or expenses referred to in subsection 85(1); and
(b) whether the claim resulted wholly or partially from
(i) an act done or omitted to be done by the claimant with intent to cause damage, or
(ii) the negligence of the claimant.
Marginal note:Cause of occurrence
(4) A claimant is not required to satisfy the Administrator that the occurrence was caused by a ship, but the Administrator shall dismiss a claim if satisfied on the evidence that the occurrence was not caused by a ship.
Marginal note:When claimant at fault
(5) The Administrator shall reduce or nullify any amount that the Administrator would have otherwise assessed in proportion to the degree to which the Administrator is satisfied that the claim resulted from
(a) an act done or omitted to be done by the claimant with intent to cause damage; or
(b) the negligence of the claimant.
Marginal note:Offer of compensation
87. (1) If the Administrator makes an offer of compensation to a claimant under section 86, the claimant shall, within 60 days after receiving the offer, notify the Administrator whether the claimant accepts or refuses it and, if no notification has been received by the Administrator at the end of that period, the claimant is deemed to have refused the offer.
Marginal note:Appeal to Admiralty Court
(2) A claimant may, within 60 days after receiving an offer of compensation from the Administrator or a notification that the Administrator has disallowed the claim, appeal the adequacy of the offer or the disallowance of the claim to the Admiralty Court, but in an appeal from the disallowance of a claim that Court may consider only the matters described in paragraphs 86(3)(a) and (b).
Marginal note:Acceptance of offer by claimant
(3) If a claimant accepts an offer of compensation from the Administrator under section 86,
(a) the Administrator shall without delay direct payment to the claimant of the amount of the offer out of the Ship-source Oil Pollution Fund;
(b) the claimant is then precluded from pursuing any rights that the claimant may have had against any person in respect of matters referred to in subsection 51(1) in relation to the occurrence to which the offer of compensation relates;
(c) the Administrator is, to the extent of the payment to the claimant, subrogated to any rights of the claimant mentioned in paragraph (b); and
(d) the Administrator shall take all reasonable measures to recover the amount of the payment from the owner of the ship, the International Fund or any other person liable and, for that purpose, the Administrator may commence an action in the name of the Administrator or the claimant and may enforce any security provided to or enforceable by the claimant, including any claim against a shipowner’s fund established under subsection 58(1).
Claims for Loss of Income
Marginal note:Meaning of terms
Definition of “claimant”
(2) In this section, “claimant” means
(a) an individual who derives income from fishing, from the production, breeding, holding or rearing of fish, or from the culture or harvesting of marine plants;
(b) the owner of a fishing vessel who derives income from the rental of fishing vessels to holders of commercial fishing licences issued in Canada;
(c) an individual who derives income from the handling of fish on shore in Canada directly after they are landed from fishing vessels;
(d) an individual who fishes or hunts for food or animal skins for their own consumption or use;
(e) a person who rents or charters boats in Canada for sport fishing; or
(f) a worker in a fish plant in Canada, excluding, except in the case of a familytype co-operative operation that has a total annual throughput of less than 1,400 metric tons or an annual average number of employees of fewer than 50, a person engaged exclusively in supervisory or managerial functions.
Marginal note:Filing of claim with Administrator
(3) Subject to this section, a claimant who has suffered or will suffer a loss of income, or loss of a source of food or animal skins in the case of a person described in paragraph (2)(d), resulting from a discharge of oil from a ship and not recoverable otherwise under this Part may file a claim with the Administrator for that loss or future loss
(a) within three years after the day on which the discharge of the oil occurred or first occurred, as the case may be, or could reasonably be expected to have become known to the claimant; and
(b) within six years after the occurrence that caused the discharge.
(4) The right to file a claim under this section is limited to claimants who
(a) were lawfully carrying on an activity described in subsection (2); and
(b) except in the case of individuals described in paragraph (2)(d),
(i) are Canadian citizens or permanent residents of Canada within the meaning of subsection 2(1) of the Immigration Act, in the case of an individual, or
(ii) are incorporated by or under the laws of Canada or a province, in the case of a corporation.
Marginal note:Cause of occurrence
(5) A claimant is not required to satisfy the Administrator that the occurrence was caused by a ship, but the Administrator shall dismiss a claim if satisfied on the evidence that the occurrence was not caused by a ship.
Marginal note:Time for filing claim may be shortened
(6) The period mentioned in subsection (3) for filing a claim under that subsection may be shortened by order of the Admiralty Court under paragraph 92(a).
Marginal note:Responsibility of Administrator
89. (1) On receipt of a claim filed under subsection 88(3), the Administrator shall
(a) if the Administrator considers the action appropriate for the proper administration of the Ship-source Oil Pollution Fund, direct payment of the amount of the loss alleged in the claim or otherwise agreed on between the Administrator and the claimant; or
(b) in any other case, transmit the claim to the Minister.
Marginal note:Appointment of assessors
(2) On receipt of a claim from the Administrator under paragraph (1)(b), the Minister shall,
(a) after consulting with the Minister of Fisheries and Oceans, the Minister of the Environment and the Administrator, appoint as assessors one or more persons not employed in the Public Service, as defined in subsection 3(1) of the Public Service Superannuation Act; and
(b) fix the remuneration and expenses to be paid to the person or persons while they are acting as assessors and authorize the Administrator to direct payment of the remuneration and expenses to them.
Marginal note:Assessment of loss
(3) For the purpose of assessing a loss alleged by a claimant under section 88, an assessor or assessors, in this section referred to as the “assessor”,
(a) after giving reasonable notice to the Administrator and the claimant, shall meet with the Administrator and the claimant or their representatives;
(b) may receive and consider any written or oral evidence submitted to the assessor by or on behalf of the Administrator or the claimant, whether or not the evidence would be admissible before a court; and
(c) in so doing, has all the powers of a commissioner under Part I of the Inquiries Act.
Marginal note:Report to Minister
(4) The assessor shall, within 60 days after the assessor’s appointment or within any longer period that is agreed to by the Minister, report to the Minister whether, in his or her opinion, the following requirements have been met:
(a) the loss alleged by the claimant has been established;
(b) the loss resulted from the discharge of oil from a ship; and
(c) the loss is not recoverable otherwise under this Part.
Marginal note:Amount of loss
(5) If the assessor reports that the requirements of paragraphs (4)(a) to (c) have been met, the report must set out the amount of the loss as assessed by the assessor.
Marginal note:Payment of assessed loss out of Fund
(6) On receipt of the report, the Minister shall without delay forward a copy of it to the claimant and to the Administrator, who shall direct payment to the claimant out of the Ship-source Oil Pollution Fund of an amount equal to the amount, if any, of the assessed loss set out in the report.
Proceedings against Shipowner
Marginal note:Proceedings under section 51
90. (1) If a claimant commences proceedings against the owner of a ship or the owner’s guarantor in respect of a matter referred to in subsection 51(1), except in the case of proceedings commenced by the Minister of Fisheries and Oceans under paragraph 51(1)(c) in respect of a pollutant other than oil,
(a) the document commencing the proceedings shall be served on the Administrator by delivering a copy of it personally to the Administrator, or by leaving the copy at the Administrator’s latest known address, and the Administrator is then a party to the proceedings; and
(b) the Administrator shall appear and take any action, including being a party to a settlement either before or after judgment, that the Administrator considers appropriate for the proper administration of the Ship-source Oil Pollution Fund.
Marginal note:When Administrator is a party to a settlement
(2) If the Administrator is a party to a settlement under paragraph (1)(b), the Administrator shall direct payment to the claimant of the amount that the Administrator has agreed to pay under the settlement.
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