Safeguarding Canada’s Seas and Skies Act (S.C. 2014, c. 29)
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Assented to 2014-12-09
PART 42001, c. 6MARINE LIABILITY ACT
Amendments to the Act
34. The Act is amended by adding the following in numerical order:
Meaning of “associated persons”
74.3 For the purposes of the application of the Hazardous and Noxious Substances Convention, if two bodies are affiliated with each other within the meaning of section 2 of the Canada Business Corporations Act, they are deemed to be “associated persons” within the meaning of “associated person” in paragraph 6 of Article 16 of that Convention.
35. The Act is amended by adding the following in numerical order:
Marginal note:Legal capacity of HNS Fund
74.31 For the purposes of the rights and obligations referred to in section 74.32, the HNS Fund has the capacity, rights and obligations of a natural person, and the Director of the HNS Fund is its legal representative.
Marginal note:HNS Fund to be party to legal proceedings
74.32 (1) If a claimant commences an action against the owner of a ship or the owner’s guarantor in respect of a matter referred to in section 74.24 or Article 7 of the Hazardous and Noxious Substances Convention,
(a) the document commencing the proceedings shall be served on the HNS Fund and that Fund is then a party to the proceedings; and
(b) the HNS Fund may appear and take any action that its Director considers appropriate for the proper administration of that Fund.
Marginal note:Method of service on HNS Fund
(2) In addition to any method of service permitted by the rules of the court in which a proceeding is commenced, service of documents on the HNS Fund under paragraph (1)(a) may be effected by registered mail.
36. The Act is amended by adding the following in numerical order:
Meaning of “receiver”
74.4 (1) For the purposes of subsection (2), “receiver” has the meaning assigned by paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention.
Marginal note:Obligation
(2) Receivers shall file information returns with the Minister, in accordance with the regulations, respecting quantities of contributing cargo received, except oils described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention.
Marginal note:Regulations
(3) The Governor in Council may make regulations respecting information returns for the purposes of subsection (2).
Marginal note:Communication to Secretary-General of IMO
(4) The Minister shall communicate to the Secretary-General of the International Maritime Organization, in accordance with Article 45 of the Hazardous and Noxious Substances Convention, the information referred to in that Article.
Marginal note:Communication to Director of HNS Fund
(5) The Minister shall communicate to the Director of the HNS Fund, in accordance with Article 21 of the Hazardous and Noxious Substances Convention, the information referred to in that Article except information that relates to oils described in paragraph 5(a)(i) of Article 1 of that Convention.
Marginal note:Minister’s powers
(6) The Minister may, for the purposes of subsection (2), (4) or (5),
(a) at any reasonable time, enter a place in which he or she has reasonable grounds to believe there are any records, books of account, accounts, vouchers or other documents relating to information referred to in Article 21 or 45 of the Hazardous and Noxious Substances Convention;
(b) examine anything at the place and copy or take away for further examination or copying any record, book of account, account, voucher or other document that he or she believes, on reasonable grounds, contains any such information; and
(c) require the owner, occupier or person in charge of the place to give the Minister all reasonable assistance in connection with the examination and to answer all proper questions relating to the examination and, for that purpose, require the owner, occupier or person in charge to attend at the place with the Minister.
Marginal note:No obstruction or false statements
(7) No person shall obstruct or hinder the Minister in the exercise of any powers under subsection (6) or knowingly make a false or misleading statement, either orally or in writing, to the Minister while he or she is exercising those powers.
Marginal note:Warrant required to enter dwelling place
(8) A dwelling place may not be entered under subsection (6) unless it is entered with the occupant’s consent or under the authority of a warrant issued under subsection (9).
Marginal note:Authority to issue warrant
(9) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter a dwelling place, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that
(a) the dwelling place is a place referred to in paragraph (6)(a);
(b) entry to the dwelling place is necessary for the purposes of subsection (2), (4) or (5); and
(c) entry to the dwelling place has been refused or there are reasonable grounds to believe that it will be refused.
Marginal note:2009, c. 21, s. 11
37. The portion of section 76 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Geographical application
76. This Division applies in respect of actual or anticipated pollution damage that is not covered by Division 1, irrespective of the location of the actual or anticipated discharge of the pollutant and irrespective of the location where any preventive measures are taken,
38. The definition “foreign judgement” in section 80 of the Act is amended by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) Hazardous and Noxious Substances Convention within the meaning of subsection 47(1).
Marginal note:2009, c. 21, s. 11
39. (1) Paragraph 90(a) of the Act is replaced by the following:
(a) imposing a fee for the issuance of a certificate under section 56, 74 or 74.29;
Marginal note:2009, c. 21, s. 11
(2) Paragraph 90(c) of the Act is replaced by the following:
(c) respecting the form and content of the notice to be given under subsection 54(1) or 74.27(1);
(3) Section 90 of the Act is amended by adding the following after paragraph (d):
(d.1) extending the application of the Hazardous and Noxious Substances Convention, within the meaning of subsection 47(1), to ships or classes of ships excluded from the application of that Convention and specifying the terms and conditions that are applicable to those ships or classes of ships under Article 4 of that Convention;
(4) Section 90 of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(g.1) respecting conditions under which certificates may be issued, refused or revoked for the purposes of subsections 74.29(2) to (4); and
40. (1) The definition “owner” in subsection 91(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(b.1) in relation to a ship subject to the Hazardous and Noxious Substances Convention, has the same meaning as in Article 1 of that Convention; and
Marginal note:2009, c. 21, s. 11
(2) Subsection 91(2) of the Act is replaced by the following:
Marginal note:Other definitions
(2) In this Part, “Bunkers Convention”, “Civil Liability Convention”, “Fund Convention”, “Hazardous and Noxious Substances Convention”, “HNS Fund”, “International Fund”, “Supplementary Fund” and “Supplementary Fund Protocol” have the same meaning as in subsection 47(1).
Marginal note:2009, c. 21, s. 11
41. (1) The portion of subsection 101(1) of the Act before paragraph (c) is replaced by the following:
Marginal note:Liability of Ship-source Oil Pollution Fund
101. (1) Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable in relation to oil — except in relation to damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention — for the matters referred to in sections 51, 71, 74.24 and 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention, if
(a) all reasonable steps have been taken — and those steps have been unsuccessful — to recover payment of compensation from the owner of the ship or from
(i) the International Fund and the Supplementary Fund, in the case of a ship within the meaning of Article I of the Civil Liability Convention, or
(ii) the HNS Fund, in the case of a ship as defined in Article 1 of the Hazardous and Noxious Substances Convention;
(b) the owner of the ship is not liable by reason of any of the defences described in subsection 77(3), Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention and, in addition, none of the International Fund, the Supplementary Fund and the HNS Fund is liable;
(2) Paragraph 101(1)(c) of the Act is amended by striking out “and” at the end of subparagraph (i) and by adding the following after subparagraph (i):
(i.1) in the case of a ship as defined in Article 1 of the Hazardous and Noxious Substances Convention, the owner’s maximum liability under that Convention to the extent that the excess is not recoverable from the HNS Fund, and
(3) Subsection 101(1) of the Act is amended by adding the following after paragraph (e):
(e.1) the owner is financially incapable of meeting their obligations under section 74.24 and Article 7 of the Hazardous and Noxious Substances Convention, to the extent that the obligation is not recoverable from the HNS Fund;
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