Marine Liability and Information Return Regulations

Marginal note:Application

• 4 (1) This section applies in respect of contributing cargo that

  • (a) has been imported by sea into Canada and is to be unloaded at a terminal installation or port in Canada; or

  • (b) has been shipped by sea from a place in Canada or from an offshore installation in the exclusive economic zone of Canada, and is to be unloaded at a terminal installation or port in Canada.

• Marginal note:Information return

  (2) A receiver who receives, in a calendar year, the following types and quantities of contributing cargo must file with the Minister, no later than February 28 of the following calendar year, an information return respecting that cargo:

  • (a) liquefied natural gases referred to in paragraph 2(b) of Article 16 of the Hazardous and Noxious Substances Convention, in any quantity;

  • (b) liquefied petroleum gases referred to in paragraph 2(c) of Article 16 of the Hazardous and Noxious Substances Convention, in a quantity exceeding 17 000 metric tons; or

  • (c) any hazardous and noxious substances referred to in paragraphs 5(a)(ii), (iii), (v), (vi) and (vii) of Article 1 of the Hazardous and Noxious Substances Convention, in a quantity exceeding 17 000 metric tons.

• Marginal note:Non-persistent oil

  (3) A receiver who receives, in a calendar year, contributing cargo in the form of oils referred to in paragraph 1(a)(ii) of Article 19 of the Hazardous and Noxious Substances Convention, in a quantity exceeding 17 000 metric tons, must file with the Administrator, no later than February 28 of the following calendar year, an information return respecting that cargo.

• Marginal note:Associated persons

  (4) For the purposes of subsections (2) and (3), the quantity of contributing cargo is the aggregate of the quantity received by the receiver and the quantities received by associated persons.

• Marginal note:Content

  (5) The information return referred to in subsections (2) and (3) must include

  • (a) the name, mailing address, email address, phone number and fax number of the receiver;

  • (b) the type of contributing cargo, and the total quantity of each type of contributing cargo received in that calendar year;

  • (c) if the receiver received contributing cargo as an agent or mandatary for a principal or mandator, the name of the principal or mandator, and the type and quantity of cargo received;

  • (d) if the receiver received contributing cargo from an agent or mandatary, the name of the agent or mandatary and the type and quantity of cargo received; and

  • (e) where applicable, the name and address of associated persons that have received contributing cargo.