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

Full Document:  

Act current to 2022-07-25 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: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  • (1.1) to (7) [Repealed, 2018, c. 27, s. 733]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

Marginal note:Records — filers of information returns

  •  (1) Every person who is required to file information returns under subsection 117.1(1) or (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.

  • 2001, c. 6, s. 118
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 735

Marginal note:Power to require information

 If the Minister directs that a person referred to in subsection 118(1) provide, in the specified form and within the specified period, information or documents that the Minister considers necessary for the purposes of ensuring compliance with this Part, the person shall provide that information in that form and within that period.

  • 2018, c. 27, s. 736

Marginal note:Inspection

  •  (1) Any person so designated in writing by the Minister may, at any reasonable time, enter any place in which the person has reasonable grounds to believe that there are any records, books of account, accounts, vouchers or other documents referred to in section 118 and

    • (a) 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 they believe, on reasonable grounds, contains any information relevant to the enforcement of this Part; and

    • (b) require the owner, occupier or person in charge of the place to give the designated person all reasonable assistance in connection with the examination under paragraph (a) 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 that place with the designated person.

  • Marginal note:Warrant to enter dwelling place

    (2) A designated person may not enter a dwelling place unless they enter it with the occupant’s consent or under the authority of a warrant issued under subsection (3).

  • Marginal note:Authority to issue warrant

    (3) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the designated person 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 subsection (1);

    • (b) entry to the dwelling place is necessary for the purpose of subsection (1); and

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

  • Marginal note:Certificate of designation

    (4) The persons designated by the Minister shall be provided with a certificate of their designation and, on entering any place referred to in subsection (1), shall produce the certificate on request to the owner, occupier or person in charge of the place.

  • Marginal note:Report to Minister

    (5) On the conclusion of an examination under this section, the designated person shall provide a report of their findings to the Minister.

  • Marginal note:Return of original or copy of documents

    (6) The original or a copy of any record, book of account, account, voucher or other document that is taken away under paragraph (1)(a) shall be returned to the person from whose custody it is taken within 21 days after it is taken or within any longer period that is directed by a judge of a superior court for cause or agreed to by a person who is entitled to its return.

  • Marginal note:Notice of application for extension of time

    (7) An application to a judge referred to in subsection (6) for a direction under that subsection may only be made on notice to the person from whose custody the record, book of account, account, voucher or other document is taken.

  • Marginal note:Copies of documents

    (8) A document purporting to be certified by the Minister to be a copy of a record, book of account, account, voucher or other document made under paragraph (1)(a) is admissible in evidence in any prosecution for an offence under this Part and is, in the absence of evidence to the contrary, proof of its contents.

  • Marginal note:Obstruction and false statements

    (9) No person shall obstruct or hinder anyone engaged in carrying out their duties and functions under this section, or knowingly make a false or misleading statement, either orally or in writing, to any person so engaged.

  • 2001, c. 6, s. 119
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 737

Governance of the Ship-source Oil Pollution Fund

Marginal note:Books of account and systems

  •  (1) The Administrator shall cause

    • (a) records and books of account to be kept in relation to the Ship-source Oil Pollution Fund; and

    • (b) control and information systems and management practices, in respect of financial and management matters, to be maintained in relation to the Ship-source Oil Pollution Fund.

  • Marginal note:Administrator’s responsibilities

    (2) The Administrator shall cause the books, records, systems and practices to be kept or maintained, as the case may be, in a manner that provides reasonable assurance that

    • (a) the Administrator’s and Deputy Administrator’s powers, duties and functions under this Part are exercised and performed effectively and in accordance with this Part;

    • (b) the assets used by them are safeguarded and controlled; and

    • (c) the financial, human and physical resources used by them are managed economically and efficiently.

  • 2001, c. 6, s. 120
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 738
 
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