Marginal note:2009, c. 21, s. 11

• 42. (1) Subsection 102(1) of the Act is replaced by the following:

  Marginal note:Action by Administrator

  • 102. (1) If there is an occurrence that gives rise to the liability of an owner of a ship 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 — under section 51, 71, 74.24 or 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention,

    • (a) the Administrator may, either before or after receiving a claim under section 103, commence an action in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court; and

    • (b) subject to subsection (3), the Administrator is entitled in any such action to claim security in an amount not less than the owner’s maximum aggregate liability determined in accordance with Article V of the Civil Liability Convention, Article 6 of the Convention that is defined in section 24 or Article 9 of the Hazardous and Noxious Substances Convention.

• (2) Subsection 102(3) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (a):

  • (a.1) in the case of a ship as defined in Article 1 of the Hazardous and Noxious Substances Convention, a fund has been constituted under subsection 74.25(2); and

Marginal note:2009, c. 21, s. 11

• 43. (1) Subsection 103(1) of the Act is replaced by the following:

  Marginal note:Claims filed with Administrator

  • 103. (1) Except in relation to damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention, a person who has suffered loss or damage or incurred costs or expenses referred to in section 51, 71, 74.24 or 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention in respect of actual or anticipated oil pollution damage may, in addition to any right the person has against the Ship-source Oil Pollution Fund under section 101, file a claim with the Administrator for the loss, damage, costs or expenses.

• Marginal note:2009, c. 21, s. 11

  (2) Subsection 103(3) of the Act is replaced by the following:

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a response organization referred to in paragraph 51(a), 71(a), 74.24(a) or 77(1)(b) or to a person in a state other than Canada.

Marginal note:2009, c. 21, s. 11

44. Paragraph 104(a) of the Act is replaced by the following:

Marginal note:2009, c. 21, s. 11

• 45. (1) Paragraph 106(3)(b) of the Act is replaced by the following:

  • (b) the claimant is then precluded from pursuing any rights that they may have had, except in relation to damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention, against any person in respect of 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 in relation to the occurrence to which the offer of compensation relates;

• Marginal note:2009, c. 21, s. 11

  (2) Paragraph 106(3)(d) of the Act is replaced by the following:

  • (d) the Administrator shall take all reasonable measures to recover the amount of the payment from the owner of the ship, the International Fund, the Supplementary Fund, the HNS Fund or any other person liable and, for that purpose, the Administrator may commence an action in the Administrator’s or the claimant’s name, including a claim against the fund of the owner of a ship established under the Civil Liability Convention or the Hazardous and Noxious Substances Convention and may enforce any security provided to or enforceable by the claimant.

Marginal note:2009, c. 21, s. 11

46. The portion of subsection 109(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:2009, c. 21, s. 11

47. The heading before section 112 of the Act is replaced by the following:

Marginal note:2009, c. 21, s. 11

48. Subsection 112(1) of the Act is replaced by the following:

Marginal note:2009, c. 21, s. 11

• 49. (1) Subsection 116(1) of the Act is replaced by the following:

  Marginal note:Claimants entitled to interest

  • 116. (1) Interest accrues on a claim under this Part against an owner of a ship, the owner’s guarantor, the Ship-source Oil Pollution Fund, the International Fund, the Supplementary Fund or the HNS Fund at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act as are in effect from time to time.

• Marginal note:2009, c. 21, s. 11

  (2) Paragraphs 116(2)(a) and (b) of the Act are replaced by the following:

  • (a) if the claim is based on paragraph 77(1)(a), Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention, from the day on which the oil pollution damage occurs;

  • (b) if the claim is based on section 51, 71 or 74.24, paragraph 77(1)(b) or (c), Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention as they pertain to preventive measures,

    • (i) in the case of costs and expenses, from the day on which they are incurred, or

    • (ii) in the case of loss or damage, from the day on which the loss or damage occurs; or

Marginal note:2009, c. 21, s. 11

• 50. (1) Subsection 117(1) of the Act is replaced by the following:

  Marginal note:Payments by Canada to International Fund and Supplementary Fund

  • 117. (1) The Administrator shall direct payments to be made out of the Ship-source Oil Pollution Fund to the International Fund in accordance with Articles 10, 12 and 13 of the Fund Convention and to the Supplementary Fund in accordance with Articles 10 to 13 of the Supplementary Fund Protocol.

• (2) Section 117 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Payments by Canada to HNS Fund

    (1.01) The Administrator shall — only in relation to oils described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention — direct payments to be made out of the Ship-source Oil Pollution Fund to the HNS Fund in accordance with Articles 16 to 20 of that Convention.

• (3) Section 117 of the Act is amended by adding the following in numerical order:

  • Meaning of “person”

    (1.1) For the purposes of subsection (1.2), “person” has the same meaning as in Article I of the Civil Liability Convention.

  • Marginal note:Information returns — contributing oil

    (1.2) A person who is required to make contributions under Article 10 of the Fund Convention or Article 10 of the Supplementary Fund Protocol shall file with the Minister or the Administrator, in accordance with the regulations, information returns necessary to enable the Administrator to discharge his or her obligations under subsections 117(1) and (2).

  • Meaning of “receiver”

    (1.3) For the purposes of subsection (1.4), the term “receiver” has the meaning assigned by paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention.

  • Marginal note:Information returns — hazardous and noxious substances

    (1.4) Receivers shall file with the Minister or the Administrator, in accordance with the regulations, information returns in respect of quantities of oils, as described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention, received.

  • Marginal note:Regulations

    (1.5) The Governor in Council may make regulations respecting information returns for the purposes of subsections (1.2) and (1.4).

• (4) Section 117 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Communication to Minister

    (2.1) The Administrator shall communicate to the Minister the information referred to in subsection 74.4(4) that relates to oils described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention and that is necessary to enable the Minister to discharge his or her obligation under that subsection.

  • Marginal note:Communication to Minister and Director of HNS Fund

    (2.2) The Administrator shall communicate to the Minister and 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 that relates to oils described in paragraph 5(a)(i) of Article 1 of that Convention.

• Marginal note:2009, c. 21, s. 11

  (5) Subsection 117(3) of the Act is replaced by the following:

  • Marginal note:Administrator’s liability

    (3) The Administrator is liable for any financial loss to the International Fund, the Supplementary Fund or the HNS Fund, as the case may be, as a result of a failure to communicate information under subsection (2) or (2.2).

• Marginal note:2009, c. 21, s. 11

  (6) The portion of subsection 117(4) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Administrator’s powers

    (4) The Administrator may, for the purposes of subsection (1.2), (1.4), (2), (2.1) or (2.2),

    • (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 15 of the Fund Convention, Article 13 of the Supplementary Fund Protocol or Article 21 or 45 of the Hazardous and Noxious Substances Convention, as the case may be;

• Marginal note:2009, c. 21, s. 11

  (7) Paragraph 117(7)(b) of the Act is replaced by the following:

  • (b) entry to the dwelling place is necessary for the purposes of subsection (1.2), (1.4), (2), (2.1) or (2.2); and