Limit of Liability of Ship-source Oil Pollution Fund

Marginal note:Limit of liability of Ship-source Oil Pollution Fund in first year

• 91. (1) The maximum aggregate liability of the Ship-source Oil Pollution Fund under sections 84, 86 and 88 and under any settlement, in respect of any particular occurrence, is

  • (a) $100,000,000 if the occurrence took place in the year ending March 31, 1990; or

  • (b) if the occurrence takes place in any following year, an amount calculated in accordance with subsection (2).

• Marginal note:Annual adjustment of limit of liability

  (2) The $100,000,000 limit of liability referred to in paragraph (1)(a) shall be adjusted annually so that the limit of liability arising out of any given occurrence that takes place in any following year is an amount equal to the product obtained by multiplying

  • (a) the limit of liability that would have been applicable for that following year if no adjustment had been made under this section with respect to that following year

  by

  • (b) the ratio that the Consumer Price Index, excluding the food and energy components, for the 12-month period ending on December 31 next before that following year bears to the Consumer Price Index, excluding the food and energy components, for the 12-month period next before that 12-month period.

• Marginal note:Consumer Price Index

  (3) For the purpose of this section,

  • (a) a reference to the “Consumer Price Index, excluding the food and energy components,” for any 12-month period means the average of the Consumer Price Index for Canada, excluding the food and energy components, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period;

  • (b) the Governor in Council may, on the recommendation of the Minister, make regulations prescribing the manner in which the average of the Consumer Price Index, excluding the food and energy components, for any 12-month period is to be determined and the manner of expressing any such average that is determined to be a fraction of a whole number;

  • (c) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis, a corresponding adjustment shall be made in the Consumer Price Index, excluding the food and energy components, for any 12-month period that is used for the purpose of calculating the limit of liability of the Ship-source Oil Pollution Fund under this section; and

  • (d) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is modified to reflect a new content basis, that modification does not affect the operation of this section.

• Marginal note:Adjusted limit to be published annually

  (4) The Minister shall cause the limit of liability referred to in subsection (1), adjusted in accordance with this section, to be published in the Canada Gazette each year as soon as it is available, and the limit of liability so published is admissible in any proceeding under this Part as conclusive proof of that limit of liability for the year in question.

Application to Court for Directions

Marginal note:Administrator may apply to Court for directions

92. If the Admiralty Court, on the application of the Administrator and on notice to other interested parties as that Court considers just in the circumstances, is satisfied that, in respect of a particular occurrence, the aggregate liability of the Ship-source Oil Pollution Fund under sections 84, 86 and 88 and subsection 90(2) may exceed its limit of liability under section 91, that Court may

• (a) order the exclusion of any claimants who do not file their claims with the Administrator within the time that that Court directs; and

• (b) order that payment out of the Ship-source Oil Pollution Fund of established claims be prorated or postponed, or any combination of prorating and postponement.

Payments into the Ship-source Oil Pollution Fund

Definition of “oil”

• 93. (1) In this section and sections 94 to 99, “oil” means “Contributing Oil” as defined in paragraph 3 of Article 1 of the Fund Convention.

• Marginal note:Levy on shipments of oil in bulk

  (2) If imposed or re-imposed by the Minister under subsection 95(1), there shall be paid to the Receiver General a levy determined in accordance with section 94

  • (a) in respect of each metric ton of oil in excess of 300 metric tons imported by ship into Canada in bulk as cargo; and

  • (b) in respect of each metric ton of oil in excess of 300 metric tons shipped by ship from any place in Canada in bulk as cargo.

• Marginal note:When payable

  (3) Amounts payable under subsection (2) shall be paid, or security for payment of those amounts in an amount and form satisfactory to the Minister shall be given,

  • (a) in the case of oil imported by ship into Canada in bulk as cargo, before the oil is unloaded from the ship; and

  • (b) in the case of oil shipped from a place in Canada in bulk as cargo of a ship, before the ship leaves the facility where the oil is loaded on board the ship.

• Marginal note:Debts due to Her Majesty

  (4) All amounts payable under subsection (2) and any interest payable on those amounts are debts due to Her Majesty in right of Canada and recoverable in any court of competent jurisdiction from

  • (a) in the case of oil imported by ship into Canada in bulk as cargo, the owner, consignee or shipper of the oil; and

  • (b) in the case of oil shipped from a place in Canada in bulk as cargo of a ship, the owner, consignor or shipper of the oil.

Marginal note:Amount of levy in first year

• 94. (1) The levy referred to in subsection 93(2) is 30 cents in the year ending on March 31, 1990.

• Marginal note:Annual adjustment of levy

  (2) The levy of 30 cents referred to in subsection (1) shall be adjusted annually so that the levy in any following year is an amount equal to the product obtained by multiplying

  • (a) the levy that would have been payable in that following year if no adjustment had been made under this section with respect to that following year

  by

  • (b) the ratio that the Consumer Price Index, excluding the food and energy components, for the 12-month period ending on December 31 next before that following year bears to the Consumer Price Index, excluding the food and energy components, for the 12-month period next before that 12-month period.

• Marginal note:Consumer Price Index

  (3) For the purpose of this section,

  • (a) a reference to the “Consumer Price Index, excluding the food and energy components,” for any 12-month period means the average of the Consumer Price Index for Canada, excluding the food and energy components, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period;

  • (b) the Governor in Council may, on the recommendation of the Minister, make regulations prescribing the manner in which the average of the Consumer Price Index, excluding the food and energy components, for any 12-month period is to be determined and the manner of expressing any such average that is determined to be a fraction of a whole number;

  • (c) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis, a corresponding adjustment shall be made in the Consumer Price Index, excluding the food and energy components, for any 12-month period that is used for the purpose of calculating the levy under this section; and

  • (d) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is modified to reflect a new content basis, that modification does not affect the operation of this section.

• Marginal note:Adjusted levy to be published annually

  (4) The Minister shall cause the levy referred to in section 93, adjusted in accordance with this section, to be published in the Canada Gazette each year as soon as it is available, and the levy so published is admissible in any proceeding under this Part as conclusive proof of the levy for the year in question.

Marginal note:Discontinuation or re-imposition of levy

• 95. (1) The Minister, after consultation with the Minister of Fisheries and Oceans and the Minister of the Environment, may from time to time, by order, impose, discontinue or re-impose the levy referred to in section 93.

• Marginal note:Annual adjustment of levy unaffected

  (2) The non-imposition, discontinuation or re-imposition of the levy under subsection (1) does not affect the operation of section 94.

Marginal note:Regulations

96. The Governor in Council may, on the recommendation of the Minister, make regulations

• (a) prescribing the manner in which the levy payable under section 93 is to be paid;

• (b) providing for the filing with the Minister of information returns by the persons referred to in subsection 93(4) from whom the levy may be recovered; and

• (c) providing for the filing with the Minister of information returns necessary to enable the Administrator to discharge the Administrator’s obligations under section 76.

Marginal note:Records and books

• 97. (1) Every person referred to in subsection 93(4) from whom the levy payable under section 93 may be recovered shall keep records and books of account at their place of business in Canada, or at any other place in Canada that may be designated by the Minister, that set out

  • (a) the amounts that are payable by that person under that section;

  • (b) the type and quantity of the oil in respect of which the amounts referred to in paragraph (a) are payable;

  • (c) the time when and place where the amounts referred to in paragraph (a) were paid or security for their payment was given in accordance with subsection 93(3); and

  • (d) any other information that the Minister may require to determine the amounts referred to in paragraph (a) and the time when they become payable.

• Marginal note:Disposal of records

  (2) Every person who is required by this section to keep records and books of account shall, unless otherwise authorized by the Minister, retain every such record and book of account and every account or voucher necessary to verify the information contained in the record or book of account until the expiry of six years from the end of the year to which the record or book of account relates.

• Marginal note:Examination of records

  (3) Every person who is required by this section to keep records and books of account shall, at all reasonable times, make the records and books of account, and every account or voucher necessary to verify the information contained in them, available to any person designated in writing by the Minister and give that person every facility necessary to examine the records, books of account, accounts and vouchers.