Marine Liability Act

Version of section 76 from 2003-01-01 to 2010-01-01:


Marginal note:Contributions by Canada to International Fund

  •  (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 and 12 of the Fund Convention.

  • Marginal note:Communication of information

    (2) The Administrator shall communicate to the Director of the International Fund the information referred to in Article 15 of the Fund Convention in accordance with that Article and is liable for any financial loss to the International Fund as a result of the failure to so communicate.

  • Marginal note:Powers of Administrator

    (3) The Administrator may, for the purpose of subsection (2),

    • (a) at any reasonable time, enter any premises where the Administrator believes on reasonable grounds that there are any records, books, accounts, vouchers or other documents relating to information referred to in Article 15 of the Fund Convention;

    • (b) examine anything on the premises and copy or take away for further examination or copying any record, book, account, voucher or other document that the Administrator believes, on reasonable grounds, contains any such information; and

    • (c) require the owner, occupier or person in charge of the premises to give 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 premises with the Administrator.

  • Marginal note:No obstruction or false statements

    (4) No person shall obstruct or hinder the Administrator in the exercise of any powers under subsection (3) or knowingly make a false or misleading statement, either orally or in writing, to the Administrator while the Administrator is exercising those powers.

  • Marginal note:Warrant required to enter living quarters

    (5) Living quarters may not be entered under subsection (3) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (6).

  • Marginal note:Authority to issue warrant

    (6) 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 living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

    • (a) is necessary for the purposes of subsection (2); and

    • (b) has been refused or there are reasonable grounds to believe that it will be refused.

  • Marginal note:Meaning of “associated persons”

    (7) 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 for the purpose of the definition “Associated person” in subparagraph 2(b) of Article 10 of the Fund Convention.

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