Marine Liability Act
Marginal note:Special examination
122 (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)(a) 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.
(3) The Governor in Council, Minister or Administrator shall appoint a person to act as an examiner for the purpose of conducting a special examination.
Marginal note:Independence of examiner
(4) The examiner shall not accept or hold any office or employment inconsistent with their functions under this section and section 123.
(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
- Date modified: