Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

• 735 (1) Subsections 118(1) and (2) of the Act are replaced by the following:

  Marginal note:Records — filers of information returns

  • 118 (1) Every person who is required to file information returns under subsection 117.1(1) shall keep at their place of business in Canada, or at any other place in Canada that is designated by the Minister, in relation to the oil that they are required to file information returns in respect of, records that

    • (a) set out the type and quantity of the oil received or exported, as the case may be; and

    • (b) contain any other information or documents that the Minister directs them to provide under section 118.1.

  • Marginal note:Records and books of account — payers of levy

    (1.1) Every person referred to in subsection (1) who is required to pay an amount under section 114.1 or 114.2 shall keep at their place of business in Canada, or at any other place in Canada that is designated by the Minister, records and books of account that set out, in addition to the information referred to in subsection (1),

    • (a) the amounts that are payable by that person under section 114.1 or 114.2 in respect of the types and quantities of oil referred to in subsection (1); and

    • (b) proof of payment for each payment made with respect to an amount referred to in paragraph (a), including the date of each payment made.

  • Marginal note:Disposal of records

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

• (2) The portion of subsection 118(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Records — filers of information returns

  • 118 (1) Every person who is required to file information returns under subsection 117.1(1) or (1.1) shall keep at their place of business in Canada, or at any other place in Canada that is designated by the Minister, in relation to the oil that they are required to file information returns in respect of, records that

• (3) Subsection 118(3) of the English version of the Act is replaced by the following:

  • Marginal note:Examination of records

    (3) Every person who is required by this section to keep records or books of account shall, at all reasonable times, make the records or 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 them.

736 The Act is amended by adding the following after section 118:

737 The portion of subsection 119(1) of the Act before paragraph (a) is replaced by the following:

• 738 (1) Paragraphs 120(1)(a) and (b) of the Act are replaced by the following:

  • (a) records and books of account to be kept in relation to the Ship-source Oil Pollution Fund; and

  • (b) control and information systems and management practices, in respect of financial and management matters, to be maintained in relation to the Ship-source Oil Pollution Fund.

• (2) Subsection 120(2) of the Act is replaced by the following:

  • Marginal note:Administrator’s responsibilities

    (2) The Administrator shall cause the books, records, systems and practices to be kept or maintained, as the case may be, in a manner that provides reasonable assurance that

    • (a) the Administrator’s and Deputy Administrator’s powers, duties and functions under this Part are exercised and performed effectively and in accordance with this Part;

    • (b) the assets used by them are safeguarded and controlled; and

    • (c) the financial, human and physical resources used by them are managed economically and efficiently.

• 739 (1) Subsection 121(1) of the Act is replaced by the following:

  Marginal note:Annual report

  • 121 (1) The Administrator shall as soon as feasible, but in any case within three months after the end of each fiscal year, submit an annual report, in any form that the Minister directs, on the Administrator’s activities in that year to the Minister, who shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it.

• (2) Paragraphs 121(2)(a) and (b) of the Act are replaced by the following:

  • (a) a statement of the amounts charged and credited to the Ship-source Oil Pollution Fund during the fiscal year;

  • (a.1) a statement of the costs and expenses incurred during the fiscal year by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Part;

  • (a.2) a statement of the fees for services rendered by the Administrator and the Deputy Administrator during the fiscal year;

  • (b) the auditor’s report with respect to the statements referred to in paragraphs (a) to (a.2); and

• (3) Paragraph 121(2)(c) of the French version of the Act is replaced by the following:

  • c) les frais de préparation du rapport du vérificateur.

• 740 (1) Subsection 122(1) of the Act is replaced by the following:

  Marginal note:Special examination

  • 122 (1) The Administrator shall cause a special examination to be carried out in respect of the Ship-source Oil Pollution Fund to determine if the Fund’s systems and practices referred to in paragraph 120(1)(b) were, in the period under examination, maintained in a manner that provided reasonable assurance that they met the requirements of paragraphs 120(2)(b) and (c).

• (2) Subsection 122(2) of the French version of the Act is replaced by the following:

  • Marginal note:Périodicité

    (2) Les examens spéciaux par l’administrateur sont au moins quinquennaux; des examens spéciaux complémentaires ont lieu à la demande du gouverneur en conseil ou du ministre.

• (3) Subsections 122(3) and (4) of the Act are replaced by the following:

  • Marginal note:Examiner

    (3) The Administrator shall appoint a person to act as examiner for the purpose of conducting a special examination. However, if a special examination is required by the Governor in Council or the Minister, the Governor in Council or the Minister, as the case may be, shall make the appointment.

  • Marginal note:Conflict of interest

    (4) The examiner shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their duties and functions under this section and section 123.

741 Subsection 123(1) of the Act is replaced by the following: