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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)

Governance of the Ship-source Oil Pollution Fund (continued)

Marginal note:Right to information

  •  (1) If the examiner considers it necessary to enable them to prepare a report as required by this Part, they may direct that present or former Administrators, Deputy Administrators, employees or agents or mandataries of the Ship-source Oil Pollution Fund provide the examiner with the following to the extent they are reasonably able to do so:

    • (a) information and explanations; and

    • (b) access to any records, books of account, accounts, vouchers and other documents related to the Fund.

  • Marginal note:Administrator’s responsibilities

    (2) On receiving the examiner’s direction, the Administrator shall

    • (a) provide any information and explanations that the examiner considers necessary to enable the examiner to prepare any report that is required by this Part and that the Administrator is reasonably able to provide; and

    • (b) obtain from any former Administrator or the present or any former Deputy Administrator, employees or agents or mandataries of that Fund any information and explanations that the examiner considers necessary to enable the examiner to prepare any report that is required by this Part and that the former Administrator or the present or former Deputy Administrator, employees or agents or mandataries are reasonably able to provide and provide the examiner with the information and explanations so obtained.

  • 2001, c. 6, s. 124
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 742

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) respecting the payment of the levy under section 114.1 and of the additional levy under section 114.2;

  • (b) prescribing, for the purposes of paragraph 114.1(2)(b), a quantity of oil that is less than the quantity set out in that paragraph;

  • (c) exempting classes of persons from the application of paragraph 114.1(2)(a) or (b);

  • (c.1) prescribing classes of persons for the purposes of regulations made under paragraph (c);

  • (c.2) amending the definition receiver in subsection 91(1); and

  • (d) generally for carrying out the purposes and provisions of this Part.

  • 2001, c. 6, s. 125
  • 2009, c. 21, s. 11
  • 2014, c. 29, s. 51
  • 2018, c. 27, s. 743

PART 8General Provisions

Administration and Enforcement

Marginal note:Designated officers

  •  (1) The Minister may designate a person or class of persons as officers to be responsible for the administration and enforcement of this Act.

  • Marginal note:Immunity

    (2) A designated officer is not personally liable for anything they do or omit to do in good faith under this Act.

  • 2001, c. 6, s. 126
  • 2009, c. 21, s. 11

Marginal note:Crown not relieved

 Subsection 126(2) does not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject.

  • 2001, c. 6, s. 127
  • 2009, c. 21, s. 11

Marginal note:Powers

  •  (1) A designated officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, board a ship at any reasonable time. To that end, the designated officer may

    • (a) direct the ship to stop; and

    • (b) direct the ship to proceed to a place specified by them.

  • Marginal note:Duty to assist

    (2) The owner, the master of the ship and any other person on board shall give a designated officer all reasonable assistance to enable the officer to carry out their duties and functions.

  • 2001, c. 6, s. 128
  • 2009, c. 21, s. 11

Marginal note:Detention

  •  (1) If a designated officer believes, on reasonable grounds, that an offence in respect of sections 55 or 73 or regulations made under paragraph 39(a) or (b) has been committed by or in respect of a ship, they may make a detention order in respect of the ship.

  • Marginal note:Order to be in writing

    (2) A detention order must be in writing and be addressed to every person empowered to grant clearance in respect of the ship.

  • Marginal note:Detention order to be served on master

    (3) Notice of a detention order must be served on the master of the ship

    • (a) by delivering a copy of the notice personally to the master; or

    • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the ship or, if there is no such person, by fixing a copy of it to a prominent part of the ship.

  • Marginal note:Contents of notice

    (4) The notice must

    • (a) indicate the measures to be taken to ensure compliance with section 55 or 73 or regulations made under paragraph 39(a) or (b) that must be taken for the detention order to be revoked within any time specified in the order; and

    • (b) if an information has been laid in respect of the alleged offence, indicate the amount not exceeding $100,000 and form of security that, pending the outcome of any proceedings related to the information, must be deposited with the Minister for the detention order to be revoked.

  • Marginal note:Revocation of orders

    (5) A designated officer shall

    • (a) revoke a detention order made under this section if they are satisfied that the measures indicated in the notice have been taken and, if applicable, that security in the amount and form indicated in the notice has been deposited with the Minister; and

    • (b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (2) of the revocation.

  • Marginal note:Duty of persons empowered to give clearance

    (6) No person to whom a detention order made under this section is addressed shall, after having received notice of the order, grant clearance to the ship in respect of which the order is made unless they are notified that the order has been revoked.

  • Marginal note:Movement of ship prohibited

    (7) Subject to section 130, no person shall move a ship that is subject to a detention order made under this section.

  • Marginal note:Liability for expenses

    (8) The owner of a ship that is detained under this section is liable for all expenses incurred in respect of the detained ship.

  • Marginal note:Return of security

    (9) The Minister, following the conclusion of any proceedings in respect of which security is deposited,

    • (a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine imposed is not paid; and

    • (b) shall return the security, or any part of it that remains if it is applied under paragraph (a), if all expenses and any fine imposed are paid.

  • Marginal note:Regulations

    (10) The Governor in Council may make regulations respecting the detention of ships, including the review of detention orders.

  • 2001, c. 6, s. 129
  • 2009, c. 21, s. 11

Marginal note:Direction to move detained ship

 The Minister may

  • (a) on application made by the owner or the master of a detained ship, in the form and manner prescribed by the Minister, permit the master to move it in accordance with the Minister’s directions;

  • (b) on application made by the owner of a dock or wharf, or by the person in charge of a harbour, at which a detained ship is situated, in the form and manner prescribed by the Minister, direct the person who is, or appears to be, in charge of the ship to move the ship in accordance with the Minister’s directions; and

  • (c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the ship, authorize the applicant to move it in accordance with the Minister’s directions and at the owner’s expense.

  • 2001, c. 6, s. 130
  • 2009, c. 21, s. 11
 
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