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

Full Document:  

Act current to 2022-11-16 and last amended on 2021-04-01. Previous Versions

PART 7Ship-source Oil Pollution Fund (continued)

Governance of the Ship-source Oil Pollution Fund (continued)

Marginal note:Annual report

  •  (1) The Administrator shall as soon as feasible, but in any case within three months after the end of each fiscal year, submit an annual report, in any form that the Minister directs, on the Administrator’s activities in that year to the Minister, who shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it.

  • Marginal note:Form and content

    (2) The annual report must include

    • (a) a statement of the amounts charged and credited to the Ship-source Oil Pollution Fund during the fiscal year;

    • (a.1) a statement of the costs and expenses incurred during the fiscal year by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Part;

    • (a.2) a statement of the fees for services rendered by the Administrator and the Deputy Administrator during the fiscal year;

    • (b) the auditor’s report with respect to the statements referred to in paragraphs (a) to (a.2); and

    • (c) the costs of preparing the auditor’s report.

  • 2001, c. 6, s. 121
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 739

Marginal note:Special examination

  •  (1) The Administrator shall cause a special examination to be carried out in respect of the Ship-source Oil Pollution Fund to determine if the Fund’s systems and practices referred to in paragraph 120(1)(b) were, in the period under examination, maintained in a manner that provided reasonable assurance that they met the requirements of paragraphs 120(2)(b) and (c).

  • Marginal note:Time for examination

    (2) A special examination shall be carried out at least once every five years by the Administrator and at any additional times that the Governor in Council or Minister may require.

  • Marginal note:Examiner

    (3) The Administrator shall appoint a person to act as examiner for the purpose of conducting a special examination. However, if a special examination is required by the Governor in Council or the Minister, the Governor in Council or the Minister, as the case may be, shall make the appointment.

  • Marginal note:Conflict of interest

    (4) The examiner shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their duties and functions under this section and section 123.

  • Marginal note:Plan

    (5) Before an examiner begins a special examination, they shall survey the systems and practices of the Ship-source Oil Pollution Fund to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the Minister and the Administrator.

  • Marginal note:Resolution of disagreements

    (6) Any disagreement between the examiner and the Administrator with respect to the plan shall be resolved by the Minister.

  • 2001, c. 6, s. 122
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 740

Marginal note:Report

  •  (1) On the conclusion of the special examination, an examiner shall provide a written report of their findings to the Minister and the Administrator.

  • Marginal note:Contents

    (2) The examiner’s report must include

    • (a) a statement whether in their opinion, with respect to the criteria established under subsection 122(5), there is reasonable assurance that there are no significant deficiencies in the systems and practices examined; and

    • (b) a statement of the extent to which they relied on internal audits.

  • 2001, c. 6, s. 123
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 741

Marginal note:Right to information

  •  (1) If the examiner considers it necessary to enable them to prepare a report as required by this Part, they may direct that present or former Administrators, Deputy Administrators, employees or agents or mandataries of the Ship-source Oil Pollution Fund provide the examiner with the following to the extent they are reasonably able to do so:

    • (a) information and explanations; and

    • (b) access to any records, books of account, accounts, vouchers and other documents related to the Fund.

  • Marginal note:Administrator’s responsibilities

    (2) On receiving the examiner’s direction, the Administrator shall

    • (a) provide any information and explanations that the examiner considers necessary to enable the examiner to prepare any report that is required by this Part and that the Administrator is reasonably able to provide; and

    • (b) obtain from any former Administrator or the present or any former Deputy Administrator, employees or agents or mandataries of that Fund any information and explanations that the examiner considers necessary to enable the examiner to prepare any report that is required by this Part and that the former Administrator or the present or former Deputy Administrator, employees or agents or mandataries are reasonably able to provide and provide the examiner with the information and explanations so obtained.

  • 2001, c. 6, s. 124
  • 2009, c. 21, s. 11
  • 2018, c. 27, s. 742

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) respecting the payment of the levy under section 114.1 and of the additional levy under section 114.2;

  • (b) prescribing, for the purposes of any of paragraphs 114.1(2)(b) to (d), a quantity of oil that is less than the quantity set out in that paragraph;

  • (c) exempting classes of persons from the application of any of paragraphs 114.1(2)(a) to (d);

  • (c.1) prescribing classes of persons for the purposes of regulations made under paragraph (c);

  • (c.2) amending the definition receiver in subsection 91(1);

  • (c.3) prescribing classes of persons who export, in a calendar year, more than 150 000 metric tons of contributing oil that is shipped in bulk as cargo after being exported and deeming those persons to have exported the contributing oil in bulk as cargo in that year;

  • (c.4) prescribing classes of persons who export, in a calendar year, more than 20 000 metric tons of non-persistent oil that is shipped in bulk as cargo after being exported and deeming those persons to have exported the non-persistent oil in bulk as cargo in that year;

  • (c.5) prescribing, for the purposes of paragraph (c.3) or (c.4), a quantity of oil that is less than the quantity set out in that paragraph; and

  • (d) generally for carrying out the purposes and provisions of this Part.

  • 2001, c. 6, s. 125
  • 2009, c. 21, s. 11
  • 2014, c. 29, s. 51
  • 2018, c. 27, s. 743

PART 8General Provisions

Administration and Enforcement

Marginal note:Designated officers

  •  (1) The Minister may designate a person or class of persons as officers to be responsible for the administration and enforcement of this Act.

  • Marginal note:Immunity

    (2) A designated officer is not personally liable for anything they do or omit to do in good faith under this Act.

  • 2001, c. 6, s. 126
  • 2009, c. 21, s. 11

Marginal note:Crown not relieved

 Subsection 126(2) does not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject.

  • 2001, c. 6, s. 127
  • 2009, c. 21, s. 11

Marginal note:Powers

  •  (1) A designated officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, board a ship at any reasonable time. To that end, the designated officer may

    • (a) direct the ship to stop; and

    • (b) direct the ship to proceed to a place specified by them.

  • Marginal note:Duty to assist

    (2) The owner, the master of the ship and any other person on board shall give a designated officer all reasonable assistance to enable the officer to carry out their duties and functions.

  • 2001, c. 6, s. 128
  • 2009, c. 21, s. 11

Marginal note:Detention

  •  (1) If a designated officer believes, on reasonable grounds, that an offence in respect of sections 55 or 73 or regulations made under paragraph 39(a) or (b) has been committed by or in respect of a ship, they may make a detention order in respect of the ship.

  • Marginal note:Order to be in writing

    (2) A detention order must be in writing and be addressed to every person empowered to grant clearance in respect of the ship.

  • Marginal note:Detention order to be served on master

    (3) Notice of a detention order must be served on the master of the ship

    • (a) by delivering a copy of the notice personally to the master; or

    • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the ship or, if there is no such person, by fixing a copy of it to a prominent part of the ship.

  • Marginal note:Contents of notice

    (4) The notice must

    • (a) indicate the measures to be taken to ensure compliance with section 55 or 73 or regulations made under paragraph 39(a) or (b) that must be taken for the detention order to be revoked within any time specified in the order; and

    • (b) if an information has been laid in respect of the alleged offence, indicate the amount not exceeding $100,000 and form of security that, pending the outcome of any proceedings related to the information, must be deposited with the Minister for the detention order to be revoked.

  • Marginal note:Revocation of orders

    (5) A designated officer shall

    • (a) revoke a detention order made under this section if they are satisfied that the measures indicated in the notice have been taken and, if applicable, that security in the amount and form indicated in the notice has been deposited with the Minister; and

    • (b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (2) of the revocation.

  • Marginal note:Duty of persons empowered to give clearance

    (6) No person to whom a detention order made under this section is addressed shall, after having received notice of the order, grant clearance to the ship in respect of which the order is made unless they are notified that the order has been revoked.

  • Marginal note:Movement of ship prohibited

    (7) Subject to section 130, no person shall move a ship that is subject to a detention order made under this section.

  • Marginal note:Liability for expenses

    (8) The owner of a ship that is detained under this section is liable for all expenses incurred in respect of the detained ship.

  • Marginal note:Return of security

    (9) The Minister, following the conclusion of any proceedings in respect of which security is deposited,

    • (a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine imposed is not paid; and

    • (b) shall return the security, or any part of it that remains if it is applied under paragraph (a), if all expenses and any fine imposed are paid.

  • Marginal note:Regulations

    (10) The Governor in Council may make regulations respecting the detention of ships, including the review of detention orders.

  • 2001, c. 6, s. 129
  • 2009, c. 21, s. 11

Marginal note:Direction to move detained ship

 The Minister may

  • (a) on application made by the owner or the master of a detained ship, in the form and manner prescribed by the Minister, permit the master to move it in accordance with the Minister’s directions;

  • (b) on application made by the owner of a dock or wharf, or by the person in charge of a harbour, at which a detained ship is situated, in the form and manner prescribed by the Minister, direct the person who is, or appears to be, in charge of the ship to move the ship in accordance with the Minister’s directions; and

  • (c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the ship, authorize the applicant to move it in accordance with the Minister’s directions and at the owner’s expense.

  • 2001, c. 6, s. 130
  • 2009, c. 21, s. 11

Administrative Monetary Penalties

Assurances of Compliance and Notices of Violation

Marginal note:Violation

  •  (1) Every person who contravenes any of the following provisions commits a violation and is liable to a penalty:

    • (a) subsections 74.4(2) and (3), any of paragraphs 114.1(2)(a) to (d), subsections 114.2(1), 117.1(1) and (1.1), 117.3(2) and 118(1) and (1.1), section 118.1 and subsection 129(7);

    • (b) a provision of this Act or of the regulations the contravention of which is designated as a violation by a regulation made under paragraph 130.19(a).

  • Marginal note:Penalty

    (2) The maximum amount payable as the penalty for each violation set out in subsection (1) is, in the case of an individual, $50,000 and, in the case of any other person, $250,000.

  • Marginal note:Clarification

    (3) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

  • Marginal note:Nature of violation

    (4) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

  • Marginal note:Due diligence defence

    (5) A person shall not be found to be liable for a violation under this Act, other than in relation to a contravention of subsection 117.3(2) or 118(1) or (1.1), if they establish that they exercised due diligence to prevent its commission.

  • 2018, c. 27, s. 744

Marginal note:Assurance of compliance or notice of violation

  •  (1) If the Minister has reasonable grounds to believe that a person has committed a violation, the Minister may

    • (a) enter into an assurance of compliance with the person that

      • (i) identifies the violation and provides that the person will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,

      • (ii) sets out the amount and form of any security that, pending compliance with the assurance, is to be deposited with the Minister, and

      • (iii) sets out the penalty that the person would have been liable to pay for the violation if the assurance had not been entered into; or

    • (b) issue, and cause to be served on the person, a notice of violation that names them, identifies the violation and sets out

      • (i) the penalty that the person is liable to pay for the violation,

      • (ii) the period, being 30 days after the day on which the notice is served, within which the penalty is to be paid or a review is to be requested, and

      • (iii) particulars of the manner in which, and the address at which, the penalty is to be paid or a review is to be requested.

  • Marginal note:Extension of period

    (2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person is unable to comply with the assurance of compliance for reasons beyond the person’s control.

  • Marginal note:Short-form descriptions in notices of violation

    (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.

  • 2018, c. 27, s. 744
 
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