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

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Act current to 2021-04-20 and last amended on 2021-04-01. Previous Versions

PART 7Ship-source Oil Pollution Fund (continued)

Levies To Be Paid to the Ship-source Oil Pollution Fund, the International Fund and the Supplementary Fund (continued)

Marginal note:Additional levy

  •  (1) If an amount is charged to the Consolidated Revenue Fund under section 93.1, the Minister may, by order, impose an additional levy — whether or not he or she has made an order under subsection 114(1) imposing or re-imposing a levy — that the Minister specifies in the order on every person referred to in paragraphs 114.1(2)(a) to (d), in which case each of those persons shall pay to the Receiver General, in accordance with the order, an amount equal to the amount of the additional levy.

  • Marginal note:Revocation

    (2) If such an order is made, the Minister shall revoke it as soon as feasible after an amount equal to the amount charged to the Consolidated Revenue Fund under section 93.1 has been credited to the Consolidated Revenue Fund out of amounts standing to the credit of the Ship-source Oil Pollution Fund and the Minister is satisfied that the terms and conditions in relation to the charging of that amount under that section have been met.

  • 2018, c. 27, s. 731

Marginal note:Debt due to Her Majesty

 All amounts payable under sections 114.1 and 114.2 are debts due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction from the person who is required to pay them.

  • 2001, c. 6, s. 115
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 732

Marginal note:Claimants entitled to interest

  •  (1) Interest accrues on a claim under this Part against an owner of a ship, the owner’s guarantor, the Ship-source Oil Pollution Fund, the International Fund or the Supplementary Fund at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act as are in effect from time to time.

  • Marginal note:Time from which interest accrues

    (2) Interest accrues on a claim under this Part

    • (a) if the claim is based on paragraph 77(1)(a) or on Article III of the Civil Liability Convention or Article 3 of the Bunkers Convention, from the day on which the oil pollution damage occurs;

    • (b) if the claim is based on section 51 or 71 or paragraph 77(1)(b) or (c), or on Article III of the Civil Liability Convention or Article 3 of the Bunkers Convention as they pertain to preventive measures,

      • (i) in the case of costs and expenses, from the day on which they are incurred, or

      • (ii) in the case of loss or damage, from the day on which the loss or damage occurs; or

    • (c) if the claim is based on section 107, from the time when the loss of income occurs.

  • 2001, c. 6, s. 116
  • 2009, c. 21, s. 11

Marginal note:Payments by Canada to International Fund and Supplementary 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, 12 and 13 of the Fund Convention and to the Supplementary Fund in accordance with Articles 10 to 13 of the Supplementary Fund Protocol.

  • (1.1) to (7) [Repealed, 2018, c. 27, s. 733]

  • 2001, c. 6, s. 117
  • 2009, c. 21, s. 11
  • 2014, c. 29, s. 50
  • 2018, c. 27, s. 733

Marginal note:Information returns — receivers

  •  (1) The following persons shall file with the Minister or the Administrator, in accordance with the regulations, information returns in respect of the oil in question:

    • (a) every person who is referred to in Article 10 of the Fund Convention; and

    • (b) every person who is a receiver and receives non-persistent oil in a calendar year in a quantity that is greater than that prescribed by regulations made under paragraph (4)(b).

  • Marginal note:Information returns — exporters

    (1.1) The following persons shall file with the Administrator, in accordance with the regulations, information returns in respect of the oil in question:

    • (a) every person who exports, in a calendar year, contributing oil in bulk as cargo in a quantity that is greater than that prescribed by regulations made under paragraph (4)(c); and

    • (b) every person who exports, in a calendar year, non-persistent oil in bulk as cargo in a quantity that is greater than that prescribed by regulations made under paragraph (4)(d).

  • Marginal note:Definition of person

    (2) In subsections (1) and (1.1), person includes two or more persons who are associated persons.

  • Marginal note:Definition of associated persons

    (3) In subsection (2), associated persons means

    • (a) persons who are deemed to be associated persons under section 60, in the case of persons who are referred to in Article 10 of the Fund Convention;

    • (b) persons who are deemed to be associated persons under section 74.3, in the case of persons who are receivers; and

    • (c) persons each of whom is an affiliate of the other as defined in section 2 of the Canada Business Corporations Act, in the case of persons who export.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations

    • (a) respecting, for the purposes of subsections (1) and (1.1), information returns;

    • (b) respecting, for the purposes of paragraph (1)(b), a quantity of non-persistent oil;

    • (c) respecting, for the purposes of paragraph (1.1)(a), a quantity of contributing oil; and

    • (d) respecting, for the purposes of paragraph (1.1)(b), a quantity of non-persistent oil.

  • 2018, c. 27, s. 734

Marginal note:Communication of information

  •  (1) The Administrator shall,

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

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

  • Marginal note:Communication to Minister

    (2) 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

    (3) The Administrator shall, in accordance with Article 21 of the Hazardous and Noxious Substances Convention, communicate to the Minister and the Director of the HNS Fund 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

    (4) 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.

  • 2018, c. 27, s. 734

Marginal note:Administrator’s powers

  •  (1) The Administrator may,

    • (a) for the purposes of subsection 117.1(1) or 117.2(1), (2) or (3), 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;

    • (a.1) for the purposes of subsection 117.1(1.1), 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 the export of contributing oil or non-persistent oil in bulk as cargo;

    • (b) for the purposes of subsection 117.1(1) or (1.1) or 117.2(1), (2) or (3), 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 has reasonable grounds to believe contains any such information; and

    • (c) for the purposes of subsection 117.1(1) or (1.1) or 117.2(1), (2) or (3), 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

    (2) No person shall knowingly obstruct or hinder the Administrator in the exercise of any powers under subsection (1) 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

    (3) A dwelling place may not be entered under subsection (1) unless it is entered with the occupant’s consent or under the authority of a warrant issued under subsection (4).

  • Marginal note:Authority to issue warrant

    (4) On ex parte application, a justice, as defined in 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 (1)(a) or (a.1);

    • (b) entry to the dwelling place is necessary for the purposes of subsection 117.1(1) or (1.1) or 117.2(1), (2) or (3); and

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

  • 2018, c. 27, s. 734
 
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