Marine Liability Act

Definition of oil

• 112 (1) In this section and sections 115 and 118, oil means Contributing Oil as defined in paragraph 3 of Article 1 of the Fund Convention if a levy is to be paid under that Convention or as defined in paragraph 7 of Article 1 of the Supplementary Fund Protocol if a levy is to be paid under that Protocol.

• Marginal note:Levy on shipments of oil in bulk

  (2) If a levy determined in accordance with section 113 is imposed or re-imposed by the Minister under subsection 114(1), it shall be paid to the Receiver General

  • (a) in respect of each metric ton of oil in excess of 300 metric tons imported by ship into Canada in bulk as cargo; and

  • (b) in respect of each metric ton of oil in excess of 300 metric tons shipped from a place in Canada in bulk as cargo of a ship.

• Marginal note:When payable

  (3) The amounts payable under subsection (2) shall be paid, or security for payment of those amounts in an amount and form that is satisfactory to the Minister shall be given,

  • (a) in the case of oil imported by ship into Canada in bulk as cargo, before the oil is unloaded from the ship; and

  • (b) in the case of oil shipped from a place in Canada in bulk as cargo of a ship, before the ship leaves the facility where the oil is loaded on board the ship.

• Marginal note:Debts due to Her Majesty

  (4) All amounts payable under subsection (2) and any interest payable on those amounts are debts due to Her Majesty in right of Canada and are recoverable in any court of competent jurisdiction from

  • (a) in the case of oil imported by ship into Canada in bulk as cargo, the owner, consignee or shipper of the oil; and

  • (b) in the case of oil shipped from a place in Canada in bulk as cargo of a ship, the owner, consignor or shipper of the oil.