Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 232001, c. 6Marine Liability Act (continued)
Amendments to the Act (continued)
726 (1) The portion of subsection 107(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Filing of claim with Administrator
(3) Subject to this section, a claimant who suffers or will suffer a loss of income, or in the case of an individual described in paragraph (2)(d), a loss of a source of food or animal skins, resulting from a discharge of oil from a ship that is not recoverable under Part 6 or any other provision of this Part may file a claim with the Administrator for that loss or future loss
(2) Subsection 107(6) of the Act is repealed.
727 The heading before section 110 and sections 110 and 111 of the Act are replaced by the following:
Emergency Funds
Marginal note:Request by Minister of Fisheries and Oceans for funds — $10 million
110 (1) If, in the opinion of the Minister of Fisheries and Oceans, emergency funds are necessary to respond to a significant incident involving the discharge of oil from a ship, the Minister of Transport may, after consultation with the Administrator, direct the amount of funds requested by the Minister of Fisheries and Oceans, or a lesser amount, to be charged to the Ship-source Oil Pollution Fund to enable the Minister of Fisheries and Oceans to respond to the significant incident, to a maximum of $10 million per fiscal year.
Marginal note:Additional funds — $50 million
(2) If the maximum amount has been charged to the Ship-source Oil Pollution Fund under subsection (1) and, in the opinion of the Minister of Fisheries and Oceans, additional emergency funds are necessary to respond to a significant incident in that fiscal year involving the discharge of oil from a ship, the Governor in Council may, on the recommendation of the Minister of Transport made after consultation with the Administrator, issue an order in council directing the additional funds requested by the Minister of Fisheries and Oceans, or a lesser amount, to be charged to the Ship-source Oil Pollution Fund to enable the Minister of Fisheries and Oceans to respond to the significant incident, to a maximum of $50 million per fiscal year.
Marginal note:Exclusions
(3) For greater certainty, the Minister of Fisheries and Oceans may not request emergency funds under subsection (1) or (2) for
(a) measures taken or to be taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001 in respect only of a discharge of oil by a small vessel that is dilapidated or abandoned; or
(b) the carrying out by that Minister of only minor monitoring of measures under paragraph 180(1)(b) of that Act.
Marginal note:Use of emergency funds
(4) The Minister of Fisheries and Oceans may use emergency funds only to respond to a significant incident involving the discharge of oil from a ship, including paying third parties. For greater certainty, that Minister may not use such funds for any
(a) measures taken or to be taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001 in respect only of a discharge of oil by a small vessel that is dilapidated or abandoned; or
(b) measures referred to in subsection 101(1.1).
Marginal note:Reimbursement of amount of emergency funds
111 (1) If emergency funds are charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2), the amount of the emergency funds shall be credited to the Ship-source Oil Pollution Fund, out of appropriations for the Department of Fisheries and Oceans under an appropriation Act, within two years after the day on which the oil pollution damage resulting from the significant incident occurs or within any longer period agreed to by the Administrator and the Minister of Fisheries and Oceans.
Marginal note:Rights unaffected
(2) Nothing in subsection (1) affects the rights of the Minister of Fisheries and Oceans under sections 51, 71, 77 and 101, Article III of the Civil Liability Convention and Article 3 of the Bunkers Convention with respect to loss and damage suffered, and costs and expenses incurred, in respect of the significant incident.
Marginal note:Claim under section 103
111.1 (1) If the Minister of Fisheries and Oceans files a claim with the Administrator under section 103 for loss and damage suffered, and costs and expenses incurred, in respect of the significant incident for which emergency funds were charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2), then, despite subsection 111(1), it is only any portion of the emergency funds that is unused at the time of the filing of the claim that is to be credited to the Ship-source Oil Pollution Fund within two years after the day on which the oil pollution damage resulting from the significant incident occurs or within any longer period agreed to by the Administrator and the Minister of Fisheries and Oceans.
Marginal note:Offer of compensation less than zero
(2) If the offer of compensation made by the Administrator to the Minister of Fisheries and Oceans under paragraph 105(1)(b) is less than zero, then, unless that Minister appeals the adequacy of the offer under subsection 106(2), an amount equal to the amount of the offer shall be credited to the Ship-source Oil Pollution Fund, out of appropriations for the Department of Fisheries and Oceans under an appropriation Act, within six months after the day on which that Minister receives the offer or within any longer period agreed to by the Administrator and that Minister.
Marginal note:Offer of compensation refused
(3) If the Minister of Fisheries and Oceans refuses the offer of compensation made under paragraph 105(1)(b), then, as soon as feasible after that Minister receives the offer, an amount equal to the amount of the emergency funds charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2) shall be credited to the Ship-source Oil Pollution Fund, out of appropriations for the Department of Fisheries and Oceans under an appropriation Act, less any unused portion of the emergency funds credited to the Ship-source Oil Pollution Fund under subsection (1).
Marginal note:Definition of offer of compensation
(4) If emergency funds are charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2), then, for the purposes of sections 105, 106 and this section, offer of compensation means, with respect to the Minister of Fisheries and Oceans, the amount determined in accordance with the formula
A – (B – C)
where
- A
- is the amount that the Administrator assessed under paragraph 105(1)(a);
- B
- is the amount of emergency funds charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2); and
- C
- is the amount of any unused portion of emergency funds credited to the Ship-source Oil Pollution Fund under subsection (1).
Marginal note:Interest
111.2 Interest accrues, at a rate determined in accordance with regulations made under paragraph 155.1(6)(a) of the Financial Administration Act, beginning on the day on which the emergency funds were charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2), on any portion of those funds that are required to be credited to the Ship-source Oil Pollution Fund under subsection 111(1) or 111.1(1) or (2) and have not been so credited within the time within which they are required to be so credited under that subsection.
Marginal note:Reports
111.3 On request by the Minister of Transport, the Minister of Fisheries and Oceans shall provide the Minister of Transport and the Administrator with information about costs and expenses incurred with emergency funds charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2).
728 Section 112 of the Act is replaced by the following:
Marginal note:Definitions
112 The definitions in this section apply in sections 113, 114.1, 117.1 and 117.3.
- contributing oil
contributing oil has the same meaning as in paragraph 3 of Article 1 of the Fund Convention. (hydrocarbures donnant lieu à contribution)
- non-persistent oil
non-persistent oil means the oils that are referred to in paragraph 1(a)(ii) of Article 19 of the Hazardous and Noxious Substances Convention. (hydrocarbures non persistants)
729 (1) Subsection 113(1) of the Act is replaced by the following:
Marginal note:Amount of levy
113 (1) The levy is 52.38 cents in the year ending on March 31, 2019 in respect of each metric ton of contributing oil or non-persistent oil received or exported, as the case may be, in bulk as cargo.
(2) Subsection 113(4) of the Act is replaced by the following:
Marginal note:Adjusted levy to be published annually
(4) The Minister shall cause the levy referred to in subsection (1) to be published in the Canada Gazette each year as soon as it is adjusted in accordance with this section, and the levy so published is admissible in any proceeding under this Act as conclusive proof of the levy for the year in question.
730 Subsection 114(1) of the Act is replaced by the following:
Marginal note:Imposition and discontinuation of levy
114 (1) The Minister, after consultation with the Minister of Fisheries and Oceans, may, by order, impose, discontinue or re-impose the levy referred to in section 113, indefinitely or until a time specified in the order.
Marginal note:Contents of order
(1.1) An order imposing or re-imposing the levy shall set out
Marginal note:Reference date
(1.2) In any year referred to in paragraph (1.1)(b), the day by which an amount equal to the amount of the levy is to be paid is the 60th day after the reference date, or any other day after the reference date that is specified in the order imposing or re-imposing the levy.
- Date modified: