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

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Act current to 2021-04-05 and last amended on 2021-04-01. Previous Versions

PART 6Liability and Compensation for Pollution (continued)

DIVISION 1International Conventions (continued)

Bunkers Convention (continued)

Marginal note:Absence of certificate

  •  (1) Unless a ship carries a certificate described in Article 7 of the Bunkers Convention issued in accordance with subsection 74(1), showing that a contract of insurance or other security satisfying the requirements of that Article is in force in respect of a ship having 1 000 gross tonnage or more, the ship must not

    • (a) enter or leave a port in Canadian waters or in Canada’s exclusive economic zone or arrive at or leave an offshore terminal in Canadian waters or in Canada’s exclusive economic zone; or

    • (b) if the ship is registered in Canada, enter or leave a port in any other state, whether or not the state is a party to that Convention, or arrive at or leave an offshore terminal

      • (i) in the territorial sea or internal waters of any such state, or

      • (ii) in the exclusive economic zone of any such state or, if the state has not established an exclusive economic zone, in an area beyond and adjacent to the territorial sea of the state, and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.

  • Marginal note:Certificate to be produced on request

    (2) The master, a crew member or any person on board who is, or appears to be, in charge of the ship shall produce the certificate and give details of it at the request of any authorized officer of the Government of Canada.

  • 2001, c. 6, s. 73
  • 2009, c. 21, s. 11

Marginal note:By whom certificate to be issued

  •  (1) The certificate shall be issued

    • (a) by the Minister, if the ship is registered in Canada;

    • (b) by or under the authority of the government of the state of registration, if the ship is registered in a state, other than Canada, that is a party to the Bunkers Convention; or

    • (c) by the Minister or by or under the authority of the government of a state, other than Canada, that is a party to the Bunkers Convention, if the ship is registered in a state, other than Canada, that is not a party to that Convention.

  • Marginal note:Designation by Minister

    (2) The Minister may designate a person to issue, refuse or revoke a certificate on the Minister’s behalf.

  • Marginal note:Issuance of certificate by Minister

    (3) On an application to the Minister for a certificate in respect of a ship registered in Canada or registered in a state, other than Canada, that is not a party to the Bunkers Convention, the Minister shall issue the certificate to the owner of the ship, if he or she is satisfied that a contract of insurance or other security satisfying the requirements of Article 7 of that Convention will be in force in respect of the ship throughout the period for which the certificate is issued.

  • Marginal note:When Minister may refuse certificate

    (4) If the Minister believes that the guarantor will be unable to meet the guarantor’s obligations under the contract of insurance or other security referred to in subsection 73(1), or that the contract of insurance or other security will not cover the owner’s liability under the Bunkers Convention, the Minister may refuse to issue the certificate.

  • Marginal note:When Minister may revoke certificate

    (5) If the Minister believes that the guarantor is no longer able to meet the guarantor’s obligations under the contract of insurance or other security referred to in subsection 73(1), or that the contract of insurance or other security no longer covers the owner’s liability under the Bunkers Convention, the Minister may revoke the certificate issued by him or her.

  • 2001, c. 6, s. 74
  • 2009, c. 21, s. 11

Marginal note:State Party

 For the purposes of the application of the Hazardous and Noxious Substances Convention, Canada is a State Party.

  • 2014, c. 29, s. 32

Meaning of associated persons

 For the purposes of the application of the Hazardous and Noxious Substances Convention, if two bodies are affiliated with each other within the meaning of section 2 of the Canada Business Corporations Act, they are deemed to be associated persons within the meaning of associated person in paragraph 6 of Article 16 of that Convention.

  • 2014, c. 29, s. 34

Meaning of receiver

  •  (1) For the purposes of subsection (2), receiver has the meaning assigned by paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention.

  • Marginal note:Obligation

    (2) Receivers shall file information returns with the Minister, in accordance with the regulations, respecting quantities of contributing cargo received, except oils described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations respecting information returns for the purposes of subsection (2).

  • Marginal note:Communication to Secretary-General of IMO

    (4) The Minister shall communicate to the Secretary-General of the International Maritime Organization, in accordance with Article 45 of the Hazardous and Noxious Substances Convention, the information referred to in that Article.

  • Marginal note:Communication to Director of HNS Fund

    (5) The Minister shall communicate to the Director of the HNS Fund, in accordance with Article 21 of the Hazardous and Noxious Substances Convention, the information referred to in that Article except information that relates to oils described in paragraph 5(a)(i) of Article 1 of that Convention.

  • Marginal note:Minister’s powers

    (6) The Minister may, for the purposes of subsection (2), (4) or (5),

    • (a) 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 21 or 45 of the Hazardous and Noxious Substances Convention;

    • (b) 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 believes, on reasonable grounds, contains any such information; and

    • (c) require the owner, occupier or person in charge of the place to give the Minister 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 Minister.

  • Marginal note:No obstruction or false statements

    (7) No person shall obstruct or hinder the Minister in the exercise of any powers under subsection (6) or knowingly make a false or misleading statement, either orally or in writing, to the Minister while he or she is exercising those powers.

  • Marginal note:Warrant required to enter dwelling place

    (8) A dwelling place may not be entered under subsection (6) unless it is entered with the occupant’s consent or under the authority of a warrant issued under subsection (9).

  • Marginal note:Authority to issue warrant

    (9) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing the Minister 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 (6)(a);

    • (b) entry to the dwelling place is necessary for the purposes of subsection (2), (4) or (5); and

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

  • 2014, c. 29, s. 36

DIVISION 2Liability Not Covered by Division 1

Interpretation

Marginal note:Definitions

 The following definitions apply in this Division.

discharge

discharge, in relation to a pollutant, means a discharge of a pollutant that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)

oil

oil means oil of any kind or in any form and includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil. (hydrocarbures)

oil pollution damage

oil pollution damage, in relation to any ship, means loss or damage outside the ship caused by contamination resulting from the discharge of oil from the ship. (dommages dus à la pollution par les hydrocarbures)

owner

owner means the person who has for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use. (propriétaire)

pollutant

pollutant means oil and any substance or class of substances identified by the regulations as a pollutant for the purposes of this Part and includes

  • (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the waters’ quality to an extent that their use would be detrimental to humans or animals or plants that are useful to humans; and

  • (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the waters’ quality to an extent that their use would be detrimental to humans or animals or plants that are useful to humans. (polluant)

pollution damage

pollution damage, in relation to any ship, means loss or damage outside the ship caused by contamination resulting from the discharge of a pollutant from the ship. (dommages dus à la pollution)

ship

ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to its method of propulsion or lack of propulsion, and includes

  • (a) a ship in the process of construction from the time that it is capable of floating; and

  • (b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up. (navire)

  • 2001, c. 6, s. 75
  • 2009, c. 21, s. 11
 
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