Marine Liability Act

Version of section 122 from 2010-01-02 to 2018-12-12:


Marginal note:Special examination

  •  (1) The Administrator shall cause a special examination to be carried out in respect of the Ship-source Oil Pollution Fund to determine if the Fund’s systems and practices referred to in paragraph 120(1)(b) were, in the period under examination, maintained in a manner that provided reasonable assurance that they met the requirements of paragraphs 120(2)(a) and (c).

  • Marginal note:Time for examination

    (2) A special examination shall be carried out at least once every five years by the Administrator and at any additional times that the Governor in Council or Minister may require.

  • Marginal note:Examiner

    (3) The Governor in Council, Minister or Administrator shall appoint a person to act as an examiner for the purpose of conducting a special examination.

  • Marginal note:Independence of examiner

    (4) The examiner shall not accept or hold any office or employment inconsistent with their functions under this section and section 123.

  • Marginal note:Plan

    (5) Before an examiner begins a special examination, they shall survey the systems and practices of the Ship-source Oil Pollution Fund to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the Minister and the Administrator.

  • Marginal note:Resolution of disagreements

    (6) Any disagreement between the examiner and the Administrator with respect to the plan shall be resolved by the Minister.

  • 2001, c. 6, s. 122
  • 2009, c. 21, s. 11
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