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

Marginal note:Debt due to Her Majesty

115 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.

Marginal note:Claimants entitled to interest

• 116 (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.

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.

• (1.1) to (7) [Repealed, 2018, c. 27, s. 733]

Marginal note:Information returns — receivers

• 117.1 (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:Definition of person

  (2) In subsection (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; and

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

• Marginal note:Regulations

  (4) The Governor in Council may make regulations

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

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

Marginal note:Communication of information

• 117.2 (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.

Marginal note:Administrator’s powers

• 117.3 (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;

  • (b) for the purposes of subsection 117.1(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 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);

  • (b) entry to the dwelling place is necessary for the purposes of subsection 117.1(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.

Marginal note:Records — filers of information returns

• 118 (1) Every person who is required to file information returns under subsection 117.1(1) shall keep at their place of business in Canada, or at any other place in Canada that is designated by the Minister, in relation to the oil that they are required to file information returns in respect of, records that

  • (a) set out the type and quantity of the oil received or exported, as the case may be; and

  • (b) contain any other information or documents that the Minister directs them to provide under section 118.1.

• Marginal note:Records and books of account — payers of levy

  (1.1) Every person referred to in subsection (1) who is required to pay an amount under section 114.1 or 114.2 shall keep at their place of business in Canada, or at any other place in Canada that is designated by the Minister, records and books of account that set out, in addition to the information referred to in subsection (1),

  • (a) the amounts that are payable by that person under section 114.1 or 114.2 in respect of the types and quantities of oil referred to in subsection (1); and

  • (b) proof of payment for each payment made with respect to an amount referred to in paragraph (a), including the date of each payment made.

• Marginal note:Disposal of records

  (2) Every person who is required by this section to keep records or books of account shall, unless otherwise authorized by the Minister, retain those records or books of account, and every account or voucher necessary to verify the information contained in them, until the expiry of six years after the end of the year to which the records or books of account relate.

• Marginal note:Examination of records

  (3) Every person who is required by this section to keep records or books of account shall, at all reasonable times, make the records or books of account, and every account or voucher necessary to verify the information contained in them, available to any person designated in writing by the Minister and give that person every facility necessary to examine them.