Marine Liability Act

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.

• Meaning of person

  (1.1) For the purposes of subsection (1.2), person has the same meaning as in Article I of the Civil Liability Convention.

• Marginal note:Information returns — contributing oil

  (1.2) A person who is required to make contributions under Article 10 of the Fund Convention or Article 10 of the Supplementary Fund Protocol shall file with the Minister or the Administrator, in accordance with the regulations, information returns necessary to enable the Administrator to discharge his or her obligations under subsections 117(1) and (2).

• Meaning of receiver

  (1.3) For the purposes of subsection (1.4), the term receiver has the meaning assigned by paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention.

• Marginal note:Information returns — hazardous and noxious substances

  (1.4) Receivers shall file with the Minister or the Administrator, in accordance with the regulations, information returns in respect of quantities of oils, as described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention, received.

• Marginal note:Regulations

  (1.5) The Governor in Council may make regulations respecting information returns for the purposes of subsections (1.2) and (1.4).

• Marginal note:Communication of information

  (2) The Administrator shall communicate to the Minister and

  • (a) the Director of the International Fund, the information referred to in Article 15 of the Fund Convention, in accordance with that Article; or

  • (b) the Director of the Supplementary Fund, the information referred to in Article 13 of the Supplementary Fund Protocol, in accordance with that Article.

• Marginal note:Communication to Minister

  (2.1) 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

  (2.2) The Administrator shall communicate to the Minister and 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 that relates to oils described in paragraph 5(a)(i) of Article 1 of that Convention.

• Marginal note:Administrator’s liability

  (3) 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

  (4) The Administrator may, for the purposes of subsection (1.2), (1.4), (2), (2.1) or (2.2),

  • (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 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;

  • (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 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

  (5) No person shall obstruct or hinder the Administrator in the exercise of any powers under subsection (4) 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

  (6) A dwelling place may not be entered under subsection (4) unless it is entered with the occupant’s consent or under the authority of a warrant issued under subsection (7).

• Marginal note:Authority to issue warrant

  (7) On ex parte application, a justice, within the meaning of 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 (4)(a);

  • (b) entry to the dwelling place is necessary for the purposes of subsection (1.2), (1.4), (2), (2.1) or (2.2); and

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