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)
731 (1) The Act is amended by adding the following after section 114:
Marginal note:Amount of levy — general rules
114.1 (1) For the purposes of paragraphs (2)(a) and (b), the amount to be paid under those paragraphs in respect of the levy for a given year is determined by the following rules:
(a) in the year in which the levy is imposed or re-imposed by order made under subsection 114(1),
(i) the number of metric tons of oil is the number that was required to be reported in the most recent information return that, on the day on which the order is made, was required to be filed under section 117.1, and
(ii) the levy referred to in subsection 113(1), as adjusted under subsection 113(2), is the levy that is in effect on the day on which the order is made; and
(b) in any subsequent year for which the levy is imposed or re-imposed by the order,
(i) the number of metric tons of oil is the number that was required to be reported in the most recent information return that, on the reference date set out in the order for that year, was required to be filed under section 117.1, and
(ii) the levy referred to in subsection 113(1), as adjusted under subsection 113(2), is the levy that is in effect on the reference date set out in the order for that year.
Marginal note:Obligation to pay
(2) If a levy determined in accordance with section 113 is imposed or re-imposed by an order made under subsection 114(1), then the following persons shall pay to the Receiver General an amount equal to the amount of the levy:
(a) every person who is referred to in Article 10 of the Fund Convention; and
(b) every person who is a receiver and receives, in a calendar year, more than 20 000 metric tons — or, if any lesser quantity is fixed by regulations made under paragraph 125(b), that quantity — of non-persistent oil in bulk as cargo.
Marginal note:Definition of person
(3) In subsection (2), person includes two or more persons who are associated persons.
Marginal note:Definition of associated persons
(4) In subsection (3), associated persons means
Marginal note:Additional levy
114.2 (1) If an amount is charged to the Consolidated Revenue Fund under section 93.1, the Minister may, by order, impose an additional levy — whether or not he or she has made an order under subsection 114(1) imposing or re-imposing a levy — that the Minister specifies in the order on every person referred to in paragraphs 114.1(2)(a) and (b), in which case each of those persons shall pay to the Receiver General, in accordance with the order, an amount equal to the amount of the additional levy.
Marginal note:Revocation
(2) If such an order is made, the Minister shall revoke it as soon as feasible after an amount equal to the amount charged to the Consolidated Revenue Fund under section 93.1 has been credited to the Consolidated Revenue Fund out of amounts standing to the credit of the Ship-source Oil Pollution Fund and the Minister is satisfied that the terms and conditions in relation to the charging of that amount under that section have been met.
(2) The portion of subsection 114.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Amount of levy — general rules
114.1 (1) For the purposes of paragraphs (2)(a) to (d), the amount to be paid under those paragraphs in respect of the levy for a given year is determined by the following rules:
(3) Subsection 114.1(2) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (b):
(c) every person who exports, in a calendar year, more than 150 000 metric tons — or, if any lesser quantity is fixed by regulations made under paragraph 125(b), that quantity — of contributing oil in bulk as cargo; and
(d) every person who exports, in a calendar year, more than 20 000 metric tons — or, if any lesser quantity is fixed by regulations made under paragraph 125(b), that quantity — of non-persistent oil in bulk as cargo.
(4) Subsection 114.1(4) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) persons each of whom is an affiliate of the other as defined in section 2 of the Canada Business Corporations Act, in the case of persons who export.
(5) Section 114.1 of the Act is amended by adding the following after subsection (4):
Marginal note:Exporter — agent or mandatary
(5) For the purposes of paragraph (2)(d), if the person who exports the oil acts as an agent or mandatary for another person who is in Canada and the agent or mandatary discloses the principal or mandator to the Administrator, then the principal or mandator is deemed to be the exporter.
Marginal note:Exception — receiver
(6) No amount is payable by a person referred to in paragraph (2)(b) in respect of a shipment of non-persistent oil in bulk as cargo in respect of which an amount will be payable by a person referred to in paragraph (2)(d).
(6) Subsection 114.2(1) of the Act is replaced by the following:
Marginal note:Additional levy
114.2 (1) If an amount is charged to the Consolidated Revenue Fund under section 93.1, the Minister may, by order, impose an additional levy — whether or not he or she has made an order under subsection 114(1) imposing or re-imposing a levy — that the Minister specifies in the order on every person referred to in paragraphs 114.1(2)(a) to (d), in which case each of those persons shall pay to the Receiver General, in accordance with the order, an amount equal to the amount of the additional levy.
732 Section 115 of the Act is replaced by the following:
Marginal note:Debt due to Her Majesty
115 All amounts payable under sections 114.1 and 114.2 are debts due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction from the person who is required to pay them.
733 Subsections 117(1.1) to (7) of the Act are repealed.
734 (1) The Act is amended by adding the following after section 117:
Marginal note:Information returns — receivers
117.1 (1) The following persons shall file with the Minister or the Administrator, in accordance with the regulations, information returns in respect of the oil in question:
Marginal note:Definition of person
(2) In subsection (1), person includes two or more persons who are associated persons.
Marginal note:Definition of associated persons
(3) In subsection (2), associated persons means
Marginal note:Regulations
(4) The Governor in Council may make regulations
Marginal note:Communication of information
117.2 (1) The Administrator shall,
(a) in accordance with Article 15 of the Fund Convention, communicate the information referred to in that Article to the Minister and the Director of the International Fund; and
(b) in accordance with Article 13 of the Supplementary Fund Protocol, communicate the information referred to in that Article to the Minister and the Director of the Supplementary Fund.
Marginal note:Communication to Minister
(2) 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
(3) The Administrator shall, in accordance with Article 21 of the Hazardous and Noxious Substances Convention, communicate to the Minister and the Director of the HNS Fund 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:Administrator’s liability
(4) The Administrator is liable for any financial loss to the International Fund or the Supplementary Fund, as the case may be, as a result of a failure to communicate the information.
Marginal note:Administrator’s powers
117.3 (1) The Administrator may,
(a) for the purposes of subsection 117.1(1) or 117.2(1), (2) or (3), 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;
(b) for the purposes of subsection 117.1(1) or 117.2(1), (2) or (3), 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 has reasonable grounds to believe contains any such information; and
(c) for the purposes of subsection 117.1(1) or 117.2(1), (2) or (3), require the owner, occupier or person in charge of the place to give the Administrator 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 Administrator.
Marginal note:No obstruction or false statements
(2) No person shall knowingly obstruct or hinder the Administrator in the exercise of any powers under subsection (1) or knowingly make a false or misleading statement, either orally or in writing, to the Administrator while he or she is exercising those powers.
Marginal note:Warrant required to enter dwelling place
(3) A dwelling place may not be entered under subsection (1) unless it is entered with the occupant’s consent or under the authority of a warrant issued under subsection (4).
Marginal note:Authority to issue warrant
(4) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing the Administrator 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
(2) Subsection 117.1(2) of the Act is replaced by the following:
Marginal note:Information returns — exporters
(1.1) The following persons shall file with the Administrator, in accordance with the regulations, information returns in respect of the oil in question:
(a) every person who exports, in a calendar year, contributing oil in bulk as cargo in a quantity that is greater than that prescribed by regulations made under paragraph (4)(c); and
(b) every person who exports, in a calendar year, non-persistent oil in bulk as cargo in a quantity that is greater than that prescribed by regulations made under paragraph (4)(d).
Marginal note:Definition of person
(2) In subsections (1) and (1.1), person includes two or more persons who are associated persons.
(3) Subsection 117.1(3) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) persons each of whom is an affiliate of the other as defined in section 2 of the Canada Business Corporations Act, in the case of persons who export.
(4) Paragraph 117.1(4)(a) of the Act is replaced by the following:
(a) respecting, for the purposes of subsections (1) and (1.1), information returns;
(5) Subsection 117.1(4) of the Act is amended by adding the following after paragraph (b):
(6) Paragraphs 117.3(1)(b) and (c) of the Act are replaced by the following:
(a.1) for the purposes of subsection 117.1(1.1), 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 the export of contributing oil or non-persistent oil in bulk as cargo;
(b) for the purposes of subsection 117.1(1) or (1.1) or 117.2(1), (2) or (3), 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 has reasonable grounds to believe contains any such information; and
(c) for the purposes of subsection 117.1(1) or (1.1) or 117.2(1), (2) or (3), require the owner, occupier or person in charge of the place to give the Administrator 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 Administrator.
(7) Paragraphs 117.3(4)(a) and (b) of the Act are replaced by the following:
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