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

Full Document:  

Act current to 2019-11-19 and last amended on 2018-12-13. Previous Versions

PART 7Ship-source Oil Pollution Fund (continued)

Liability of Ship-source Oil Pollution Fund (continued)

Expedited Process for Small Claims (continued)

Marginal note:Liability — exception

 Section 106.1 does not apply in respect of actual or anticipated oil pollution damage on or in any place referred to in paragraph 104(a) or (b).

  • 2018, c. 27, s. 725

Marginal note:Administrator’s duties

  •  (1) Within 60 days beginning on the day of receipt of a claim under subsection 106.1(1), the Administrator shall assess the claim.

  • Marginal note:Disallowance of claim

    (2) If the Administrator has reason to suspect that the claim does not meet one or more of the conditions set out in subsection 106.1(1) or does not comply with subsection 106.1(2), the Administrator shall, within the 60-day period, disallow the claim and notify the claimant of its disallowance in writing.

  • Marginal note:Disallowed claim — other rights unaffected

    (3) The disallowance of a claim under subsection (2) does not prevent the claimant from exercising their rights under this Act — other than under section 106.1 — in respect of the loss, damage, costs and expenses for which the disallowed claim was filed.

  • Marginal note:Payment of claim

    (4) If the Administrator does not have reason to suspect that the claim does not meet one or more of the conditions set out in subsection 106.1(1) or does not comply with subsection 106.1(2), the Administrator shall, within the period referred to in subsection (1), direct payment to be made to the claimant of the amount of the claim out of the Ship-source Oil Pollution Fund.

  • Marginal note:Subrogation

    (5) Once the Administrator directs the payment to be made,

    • (a) the claimant is precluded from pursuing any rights — except for economic loss referred to in subsection 103(1) — that they may have had against the Ship-source Oil Pollution Fund or any person in respect of matters referred to in sections 51, 71 and 77, subsections 101(1.1) and 103(1.1), Article III of the Civil Liability Convention and Article 3 of the Bunkers Convention in relation to the occurrence to which the payment relates; and

    • (b) the Administrator is, to the extent of the payment to the claimant, subrogated to any of the claimant’s rights for any part of that payment that may be recovered from the owner of the ship, the International Fund, the Supplementary Fund or any other person liable.

  • Marginal note:Recovery of amount of payment

    (6) If the Administrator directs a payment to be made under subsection (4), he or she shall take all reasonable measures to recover the part of the payment referred to in paragraph (5)(b) and, for that purpose, may, among other things, commence an action in the Administrator’s or the claimant’s name, commence a claim against the fund of the owner of a ship established under the Civil Liability Convention and enforce any security provided to or enforceable by the claimant.

  • 2018, c. 27, s. 725

Marginal note:Supporting documents

  •  (1) If the Administrator directs a payment to be made to a claimant under subsection 106.3(4), the Administrator may, within three years after the day of the occurrence in respect of which the payment was directed to be made, request the claimant to provide the Administrator with the supporting documents referred to in subparagraph 106.1(2)(c)(iii).

  • Marginal note:Period

    (2) If the Administrator requests supporting documents under subsection (1), the claimant must provide them to the Administrator within 30 days beginning on the day on which the claimant receives the request or within any longer period agreed to by the Administrator and the claimant.

  • Marginal note:Failure to provide supporting documents

    (3) If the claimant does not provide the Administrator with the supporting documents within the applicable period, the Administrator may give the claimant a notice that they are required to repay to the Administrator the amount of the payment made to them under subsection 106.3(4), in the manner and within the period set out in the notice.

  • 2018, c. 27, s. 725

Marginal note:Post-payment investigation and reassessment

  •  (1) The Administrator may, within three years after the day of the occurrence in respect of which the claim was made, investigate and reassess any claim for which a payment was made under subsection 106.3(4).

  • Marginal note:Administrator’s powers

    (2) For the purpose of investigating and reassessing a claim, the Administrator has the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Factors to be considered

    (3) When investigating and reassessing a claim, the Administrator may consider only whether the claim meets the conditions set out in subsection 106.1(1).

  • 2018, c. 27, s. 725

Marginal note:Result of investigation and reassessment

  •  (1) As soon as feasible after completing the investigation and reassessment, the Administrator shall give the claimant notice that

    • (a) the Administrator will take no further action in respect of the claimant’s claim; or

    • (b) the claimant is required to pay to the Administrator the overpayment set out in the notice, in the manner and within the period set out in the notice.

  • Marginal note:Overpayments

    (2) The following amounts paid under subsection 106.3(4) constitute an overpayment to the claimant:

    • (a) an amount paid in respect of a claim that the Administrator is satisfied was not for loss, damage, costs or expenses referred to in paragraph 106.1(1)(a);

    • (b) an amount that was paid in respect of a claim that the Administrator is satisfied was not the first one that the claimant has filed in respect of a given occurrence for loss, damage, costs or expenses referred to in that paragraph;

    • (c) an amount that was paid in respect of a claim that the Administrator is satisfied resulted from an act done or omitted to be done by the claimant with intent to cause damage or from the claimant’s negligence; and

    • (d) an amount that was paid in respect of a claim, if the Administrator is satisfied on the evidence that the occurrence that gave rise to the claim was not caused by a ship.

  • Marginal note:Overpayments — limitation or prescription period exceeded

    (3) The Administrator may, in his or her discretion, determine that an amount paid under subsection 106.3(4) constitutes an overpayment to the claimant if the Administrator is satisfied that the amount was paid in respect of a claim that was not filed within the period set out in subsection 106.1(4).

  • Marginal note:Appeal to Admiralty Court

    (4) A claimant may, within 60 days after receiving a notice under paragraph (1)(b), appeal to the Admiralty Court the requirement to pay the overpayment set out in the notice referred to in that paragraph.

  • 2018, c. 27, s. 725

Marginal note:Debts due to Her Majesty

 Unless the claimant under subsection 106.1(1) is a minister of the Crown in right of Canada, all amounts and overpayments payable under subsection 106.4(3) or paragraph 106.6(1)(b), respectively, constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction from the person who is required to pay them.

  • 2018, c. 27, s. 725

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) respecting claims filed under subsection 106.1(1);

  • (b) fixing an amount for the purposes of paragraph 106.1(1)(b);

  • (c) prescribing information for the purposes of subparagraph 106.1(2)(c)(iv) or paragraph 106.1(2)(d); and

  • (d) fixing an amount for the purposes of subsection 106.1(3).

  • 2018, c. 27, s. 725

Marginal note:Definitions

 In sections 106.1 to 106.6, incident and occurrence have the meaning assigned by the definition incident in Article I of the Civil Liability Convention.

  • 2018, c. 27, s. 725

Claims for Loss of Income

Marginal note:Meaning of terms

  •  (1) In this section, fish, fishing and fishing vessel have the same meaning as in section 2 of the Fisheries Act.

  • Marginal note:Definition of claimant

    (2) In this section, claimant means

    • (a) an individual who derives income from fishing, from the production, breeding, holding or rearing of fish, or from the culture or harvesting of marine plants;

    • (b) the owner of a fishing vessel who derives income from the rental of fishing vessels to holders of commercial fishing licences issued in Canada;

    • (c) an individual who derives income from the handling of fish on shore in Canada directly after they are landed from fishing vessels;

    • (d) an individual who fishes or hunts for food or animal skins for their own consumption or use;

    • (e) a person who rents or charters boats in Canada for sport fishing; or

    • (f) a worker in a fish plant in Canada, excluding a person engaged exclusively in supervisory or managerial functions, except in the case of a family-type co-operative operation that has a total annual throughput of less than 1 400 metric tons or an annual average number of employees of fewer than 50.

  • 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

    • (a) within three years after the day on which the discharge of the oil occurs or first occurred, as the case may be, or could reasonably be expected to have become known to the claimant; and

    • (b) within six years after the occurrence that causes the discharge.

  • Marginal note:Limitations

    (4) The right to file a claim under this section is limited to claimants who

    • (a) were lawfully carrying on an activity described in subsection (2); and

    • (b) except in the case of individuals described in paragraph (2)(d),

      • (i) are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, in the case of an individual, or

      • (ii) are incorporated by or under the laws of Canada or a province, in the case of a corporation.

  • Marginal note:Cause of occurrence

    (5) A claimant is not required to satisfy the Administrator that the occurrence was caused by a ship, but the Administrator shall dismiss a claim if he or she is satisfied on the evidence that the occurrence was not caused by a ship.

  • (6) [Repealed, 2018, c. 27, s. 726]

  • 2001, c. 6, s. 107
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 726
 
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