Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 232001, c. 6Marine Liability Act (continued)
Amendments to the Act (continued)
745 (1) Sections 131 and 132 of the Act are replaced by the following:
Marginal note:Contraventions
131 Every person or ship that contravenes subsection 55(1) or (2), 73(1) or (2), 128(2) or 129(6) or (7) or regulations made under section 39 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:Failure to pay
132 (1) Every person who contravenes paragraph 114.1(2)(a) or (b) or subsection 114.2(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:False or misleading information return — receiver
(2) Every receiver who files an information return under subsection 74.4(2) that contains a material statement that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:Falsifying or destroying books of account
(3) Every person who knowingly destroys, mutilates or falsifies, or who knowingly makes any false or misleading entry or statement in, any record or book of account required to be kept under subsection 118(1) or (1.1) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:Omission from books of account
(3.1) Every person who knowingly omits a material entry or statement from any record or book of account required to be kept under subsection 118(1) or (1.1) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:Contraventions
(4) Every person who contravenes subsection 74.4(7) or 117.3(2), section 118 or subsection 119(9) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:Failure to file information return — receiver
(4.1) Every receiver who contravenes subsection 74.4(2) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:False or misleading information
(5) Every person who files a claim under subsection 106.1(1) that includes information that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:Failure to file information return — person
(6) Every person who contravenes subsection 117.1(1) or section 118.1 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:False or misleading information return — person
(7) Every person who files an information return under subsection 117.1(1) that contains a material statement that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:False or misleading information
(8) Every person who provides information or a document under section 118.1 that contains a material statement that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:Due diligence defence
132.1 A person shall not be found guilty of an offence under section 131 or any of subsections 132(1), (4.1) and (6) if they establish that they exercised due diligence to prevent the commission of the offence.
(2) Subsection 132(1) of the Act is replaced by the following:
Marginal note:Failure to pay
132 (1) Every person who contravenes any of paragraphs 114.1(2)(a) to (d) or subsection 114.2(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
(3) Subsections 132(6) and (7) of the Act are replaced by the following:
Marginal note:Failure to file information return — person
(6) Every person who contravenes subsection 117.1(1) or (1.1) or section 118.1 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marginal note:False or misleading information return — person
(7) Every person who files an information return under subsection 117.1(1) or (1.1) that contains a material statement that they know or ought reasonably to know is false or misleading is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Coordinating Amendments
Marginal note:2014, c. 29
746 (1) In this section, other Act means the Safeguarding Canada’s Seas and Skies Act.
(2) On the first day on which both section 33 of the other Act and section 713 of this Act are in force,
(a) section 74.24 of the Marine Liability Act is renumbered as subsection 74.24(1) and is amended by adding the following:
Marginal note:Liability — grave and imminent threat of pollution damage
(2) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(b), the owner of a ship is liable only for the costs and expenses related to any occurrence, or series of occurrences having the same origin, that causes pollution damage or creates a grave and imminent threat of causing such damage.
(b) subsection 111(2) of the Marine Liability Act is replaced by the following:
Marginal note:Rights unaffected
(2) Nothing in subsection (1) affects the rights of the Minister of Fisheries and Oceans under sections 51, 71, 74.24, 77 and 101, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention with respect to loss and damage suffered, and costs and expenses incurred, in respect of the significant incident.
(3) On the first day on which both subsection 41(1) of the other Act and section 721 of this Act are in force,
(a) the portion of subsection 101(1) of the Marine Liability Act before paragraph (a) is replaced by the following:
Marginal note:Liability of Ship-source Oil Pollution Fund
101 (1) Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable in relation to oil for any kind of loss, damage, costs or expenses — including liability for economic loss caused by oil pollution suffered by persons whose property has not been polluted, but not including liability for loss in relation to damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention — for the matters referred to in sections 51, 71, 74.24 and 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention, if
(b) subsection 101(1.1) of the Marine Liability Act is replaced by the following:
Marginal note:Additional liability of Ship-source Oil Pollution Fund
(1.1) Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable for the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person in respect of measures taken under subsection 180(1) of the Canada Shipping Act, 2001 with respect to oil, or for loss or damage caused by those measures, if, by reason of the fact that the occurrence or series of occurrences for which those costs and expenses were incurred did not create a grave and imminent threat of causing oil pollution damage, neither the owner of a ship, the International Fund, the Supplementary Fund nor the HNS Fund is liable for those costs and expenses.
(4) If subsection 42(1) of the other Act comes into force before subsection 722(1) of this Act, then the French version of that subsection 722(1) is replaced by the following:
(5) If subsection 722(1) of this Act comes into force before subsection 42(1) of the other Act, then paragraph 102(1)(a) of the Marine Liability Act, as enacted by that subsection 42(1), is replaced by the following:
(a) the Administrator may, either before or after receiving a claim under section 103 or 106.1, commence an action in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court; and
(6) If subsection 722(1) of this Act and subsection 42(1) of the other Act come into force on the same day, then that subsection 722(1) is deemed to have come into force before that subsection 42(1) and subsection (5) applies as a consequence.
(7) On the first day on which both subsection 43(1) of the other Act and subsection 723(1) of this Act are in force, subsection 103(1) of the Marine Liability Act is replaced by the following:
Marginal note:Claims filed with Administrator
103 (1) In addition to any right against the Ship-source Oil Pollution Fund under section 101, a person may file a claim with the Administrator for the loss, damage, costs or expenses if the person has suffered loss or damage or incurred costs or expenses referred to in sections 51, 71, 74.24 and 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention in respect of any kind of loss, damage, costs or expenses arising out of actual or anticipated oil pollution damage, including economic loss caused by oil pollution suffered by persons whose property has not been polluted but not including loss in respect of damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention.
(8) On the first day on which both subsection 43(2) of the other Act and subsection 723(3) of this Act are in force,
(a) subsection 103(3) of the Marine Liability Act is replaced by the following:
Marginal note:Exception
(3) Subsections (1) and (1.1) do not apply to a response organization referred to in paragraph 51(1)(a), 71(1)(a), 74.24(1)(a) or 77(1)(b) or to a person in a state other than Canada.
(b) subsection 106.1(6) of the Marine Liability Act is replaced by the following:
Marginal note:Exception
(6) Subsection (1) does not apply to a response organization referred to in paragraph 51(1)(a), 71(1)(a), 74.24(1)(a) or 77(1)(b) or to a person in a state other than Canada.
(9) On the first day on which both section 31 of the other Act and section 725 of this Act are in force, paragraph 106.1(1)(b) of the Marine Liability Act is replaced by the following:
(b) the claim is the first one that the claimant has filed — other than one in relation to damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention — in respect of a given occurrence for loss, damage, costs or expenses referred to in paragraph (a) and does not exceed $35,000 or, if any other amount is fixed by regulations made under paragraph 106.8(b), that amount; and
(10) On the first day on which both subsection 45(1) of the other Act and section 725 of this Act are in force, paragraph 106.3(5)(a) of the Marine Liability Act is replaced by the following:
(a) the claimant is precluded from pursuing any rights — except for economic loss referred to in subsection 103(1) — that they may have had, except in relation to damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention, against the Ship-source Oil Pollution Fund or any person in respect of matters referred to in sections 51, 71, 74.24 and 77, subsections 101(1.1) and 103(1.1), Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention in relation to the occurrence to which the payment relates;
(11) On the first day on which both subsection 45(2) of the other Act and section 725 of this Act are in force,
(a) paragraph 106.3(5)(b) of the Marine Liability Act is replaced by the following:
(b) the Administrator is, to the extent of the payment to the claimant, subrogated to any of the claimant’s rights for any part of that payment that may be recovered from the owner of the ship, the International Fund, the Supplementary Fund, the HNS Fund or any other person liable.
(b) subsection 106.3(6) of the Marine Liability Act is replaced by the following:
Marginal note:Recovery of amount of payment
(6) If the Administrator directs a payment to be made under subsection (4), he or she shall take all reasonable measures to recover the part of the payment referred to in paragraph (5)(b) and, for that purpose, may commence an action in the Administrator’s or the claimant’s name, including a claim against the fund of the owner of a ship established under the Civil Liability Convention or the Hazardous and Noxious Substances Convention and may enforce any security provided to or enforceable by the claimant.
(12) If section 728 of this Act comes into force before section 48 of the other Act, then that section 48 is repealed.
(13) If section 728 of this Act comes into force on the same day as section 48 of the other Act, then that section 48 is deemed to have come into force before that section 728.
(14) If subsection 50(5) of the other Act comes into force before subsection 734(1) of this Act, then, on the day on which that subsection 734(1) comes into force, subsection 117.2(4) of the Marine Liability Act is replaced by the following:
Marginal note:Administrator’s liability
(4) The Administrator is liable for any financial loss to the International Fund, the Supplementary Fund or the HNS Fund, as the case may be, as a result of a failure to communicate information under subsection (1) or (3).
(15) If subsection 734(1) of this Act comes into force before subsection 50(5) of the other Act, then that subsection 50(5) is replaced by the following:
(5) Subsection 117.2(4) of the Act is replaced by the following:
Marginal note:Administrator’s liability
(4) The Administrator is liable for any financial loss to the International Fund, the Supplementary Fund or the HNS Fund, as the case may be, as a result of a failure to communicate information under subsection (1) or (3).
(16) If subsection 734(1) of this Act comes into force on the same day as subsection 50(5) of the other Act, then that subsection 50(5) is deemed to have come into force before that subsection 734(1) and subsection (14) applies as a consequence.
(17) On the first day on which both section 53 of the other Act and subsection 745(1) of this Act are in force, section 131 of the Marine Liability Act is replaced by the following:
Marginal note:Contraventions
131 Every person or ship that contravenes subsection 55(1) or (2), 73(1) or (2), 74.28(1) or (2), 128(2) or 129(6) or (7) or regulations made under section 39 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
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