PART 1Ship-source Oil Pollution Fund

Interpretation

1 The definitions in this section apply in this Part.

Act

Act means the Marine Liability Act. (Loi)

associated person

associated person means an associated person as defined in subparagraph 2(b) of Article 10 of the Fund Convention and includes bodies corporate affiliated with each other within the meaning of subsection 2(2) of the Canada Business Corporations Act. (personne associée)

person

person means any individual or partnership or any public or private body, whether corporate or not. (personne)

receive

receive means to receive oil into tankage or storage immediately after carriage by a ship. (recevoir)

terminal installation

terminal installation means a site for the storage of oil in bulk that is capable of receiving oil from a ship, including any facility situated offshore and linked to the site. (installation terminale)

Consumer Price Index

• 2 (1) For the purposes of paragraphs 91(3)(b) and 94(3)(b) of the Act, the average of the Consumer Price Index for any 12-month period shall be calculated by dividing by twelve the aggregate of the Consumer Price Indexes, excluding the food and energy components, for the twelve months of that period.

• (2) If the quotient obtained contains a fraction, the fraction shall be expressed as a decimal fraction rounded to one digit after the decimal point as follows:

  • (a) if the second digit after the decimal point is less than five, that digit shall be dropped; and

  • (b) if the second digit is five or greater than five, the first digit after the decimal point shall be increased by one and the second digit shall be dropped.

Filing of Information Returns

• 3 (1) This section applies in respect of oil that has been

  • (a) imported into Canada in bulk as cargo on a ship to be unloaded at a terminal installation or port in Canada;

  • (b) shipped to a port in the United States in bulk as cargo on a ship and subsequently imported into Canada by a mode of transport other than a ship to be unloaded at an installation in Canada; or

  • (c) shipped from a place in Canada or from an offshore installation in the exclusive economic zone of Canada, in bulk as cargo on a ship, to be unloaded at a terminal installation or port in Canada.

• (2) A person who receives oil in a calendar year shall file with the Minister no later than February 28 of the following calendar year an information return in respect of the oil if

  • (a) the total quantity of oil received by the person during the calendar year exceeds 150 000 metric tons; or

  • (b) the total quantity of oil received in the calendar year by the person added to the total quantity of oil received in the same calendar year by associated persons exceeds 150 000 metric tons.

PART 2Pollutants

4 For the purposes of Part 6 of the Act, any of the following substances and classes of substances is a pollutant:

• (a) a mixture with any oil content;

• (b) a substance listed in Schedule I to the Pollutant Substances Regulations, except when carried in packaged form, freight containers, portable tanks, tank trucks or rail tank wagons;

• (c) a noxious liquid substance as defined in section 2 of the Dangerous Chemicals and Noxious Liquid Substances Regulations or a mixture that contains such a noxious liquid substance;

• (d) a substance that is identified as a marine pollutant in the International Maritime Dangerous Goods Code, published by the International Maritime Organization, as amended from time to time;

• (e) garbage as defined in section 2 of the Garbage Pollution Prevention Regulations; or

• (f) sewage as defined in section 2 of the Great Lakes Sewage Pollution Prevention Regulations, section 2 of the Pleasure Craft Sewage Pollution Prevention Regulations or section 2 of the Non-Pleasure Craft Sewage Pollution Prevention Regulations.

Repeal

5 [Repeal]

Coming Into Force

6 These Regulations come into force on the day on which they are registered.