Marine Liability Act (S.C. 2001, c. 6)

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

  • (a) the day by which an amount equal to the amount of the levy is to be paid in the year in which the levy is imposed or re-imposed; and

  • (b) in respect of each subsequent year — if any — for which the levy is imposed or re-imposed, a reference date for the purposes of the levy in that year.

• 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.

• Marginal note:Annual adjustment of levy unaffected

  (2) The discontinuation of the levy under subsection (1) does not affect the operation of section 113.

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:

  • (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;

  • (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;

  • (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.

• 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

  • (a) persons who are deemed to be associated persons under section 60, in the case of persons who are referred to in Article 10 of the Fund Convention;

  • (b) persons who are deemed to be associated persons under section 74.3, in the case of persons who are receivers; and

  • (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.

• 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).

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.

• 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.

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.

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 or the Supplementary 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:Time from which interest accrues

  (2) Interest accrues on a claim under this Part

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

  • (b) if the claim is based on subsection 51(1) or 71(1) or paragraph 77(1)(b) or (c), or on Article III of the Civil Liability Convention or Article 3 of the Bunkers 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.

  • (c) [Repealed, 2023, c. 26, s. 340]

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.

• (1.1) to (7) [Repealed, 2018, c. 27, s. 733]

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:

  • (a) every person who is referred to in Article 10 of the Fund Convention; and

  • (b) every person who is a receiver and receives non-persistent oil in a calendar year in a quantity that is greater than that prescribed by regulations made under paragraph (4)(b).

• 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.

• Marginal note:Definition of associated persons

  (3) In subsection (2), associated persons means

  • (a) persons who are deemed to be associated persons under section 60, in the case of persons who are referred to in Article 10 of the Fund Convention;

  • (b) persons who are deemed to be associated persons under section 74.3, in the case of persons who are receivers; and

  • (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.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations

  • (a) respecting, for the purposes of subsections (1) and (1.1), information returns;

  • (b) respecting, for the purposes of paragraph (1)(b), a quantity of non-persistent oil;

  • (c) respecting, for the purposes of paragraph (1.1)(a), a quantity of contributing oil; and

  • (d) respecting, for the purposes of paragraph (1.1)(b), a quantity of non-persistent oil.

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;

  • (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.

• 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

  • (a) the dwelling place is a place referred to in paragraph (1)(a) or (a.1);

  • (b) entry to the dwelling place is necessary for the purposes of subsection 117.1(1) or (1.1) or 117.2(1), (2) or (3); and

  • (c) entry to the dwelling place has been refused or there are reasonable grounds to believe that it will be refused.

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

  • (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.

• 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.