Marginal note:2009, c. 21, s. 11

• 49. (1) Subsection 116(1) of the Act is replaced by the following:

  Marginal note:Claimants entitled to interest

  • 116. (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, the Supplementary Fund or the HNS 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:2009, c. 21, s. 11

  (2) Paragraphs 116(2)(a) and (b) of the Act are replaced by the following:

  • (a) if the claim is based on paragraph 77(1)(a), Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention, from the day on which the oil pollution damage occurs;

  • (b) if the claim is based on section 51, 71 or 74.24, paragraph 77(1)(b) or (c), Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances 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

Marginal note:2009, c. 21, s. 11

• 50. (1) Subsection 117(1) of the Act is replaced by the following:

  Marginal note:Payments by Canada to International Fund and Supplementary Fund

  • 117. (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.

• (2) Section 117 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Payments by Canada to HNS Fund

    (1.01) The Administrator shall — only in relation to oils described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention — direct payments to be made out of the Ship-source Oil Pollution Fund to the HNS Fund in accordance with Articles 16 to 20 of that Convention.

• (3) Section 117 of the Act is amended by adding the following in numerical order:

  • Meaning of “person”

    (1.1) For the purposes of subsection (1.2), “person” has the same meaning as in Article I of the Civil Liability Convention.

  • Marginal note:Information returns — contributing oil

    (1.2) A person who is required to make contributions under Article 10 of the Fund Convention or Article 10 of the Supplementary Fund Protocol shall file with the Minister or the Administrator, in accordance with the regulations, information returns necessary to enable the Administrator to discharge his or her obligations under subsections 117(1) and (2).

  • Meaning of “receiver”

    (1.3) For the purposes of subsection (1.4), the term “receiver” has the meaning assigned by paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention.

  • Marginal note:Information returns — hazardous and noxious substances

    (1.4) Receivers shall file with the Minister or the Administrator, in accordance with the regulations, information returns in respect of quantities of oils, as described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention, received.

  • Marginal note:Regulations

    (1.5) The Governor in Council may make regulations respecting information returns for the purposes of subsections (1.2) and (1.4).

• (4) Section 117 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Communication to Minister

    (2.1) 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

    (2.2) The Administrator shall communicate to the Minister and the Director of the HNS Fund, in accordance with Article 21 of the Hazardous and Noxious Substances Convention, 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:2009, c. 21, s. 11

  (5) Subsection 117(3) of the Act is replaced by the following:

  • Marginal note:Administrator’s liability

    (3) 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 (2) or (2.2).

• Marginal note:2009, c. 21, s. 11

  (6) The portion of subsection 117(4) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Administrator’s powers

    (4) The Administrator may, for the purposes of subsection (1.2), (1.4), (2), (2.1) or (2.2),

    • (a) 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;

• Marginal note:2009, c. 21, s. 11

  (7) Paragraph 117(7)(b) of the Act is replaced by the following:

  • (b) entry to the dwelling place is necessary for the purposes of subsection (1.2), (1.4), (2), (2.1) or (2.2); and

Marginal note:2009, c. 21, s. 11

51. Section 125 of the Act is amended by adding “and” at the end of paragraph (b) and by repealing paragraph (c).

Marginal note:2009, c. 21, s. 11

• 52. (1) Subsection 129(1) of the Act is replaced by the following:

  Marginal note:Detention

  • 129. (1) If a designated officer believes, on reasonable grounds, that an offence in respect of section 55, 73 or 74.28 or regulations made under paragraph 39(a) or (b) has been committed by or in respect of a ship, the officer may make a detention order in respect of the ship.

• Marginal note:2009, c. 21, s. 11

  (2) Paragraph 129(4)(a) of the Act is replaced by the following:

  • (a) indicate the measures that are to be taken to ensure compliance with section 55, 73 or 74.28 or regulations made under paragraph 39(a) or (b) and that must be taken for the detention order to be revoked within any time specified in the order; and

Marginal note:2009, c. 21, s. 11

53. Section 131 of the Act is replaced by the following:

Marginal note:2009, c. 21, s. 11

54. Subsections 132(4) and (5) of the Act are replaced by the following:

Marginal note:2009, c. 21, s. 11

55. The portion of paragraph 136(1)(a) of the Act before subparagraph (i) is replaced by the following:

56. The Act is amended by adding, after Schedule 8, the Schedule 9 set out in the schedule to this Act.

Coming into Force

Marginal note:Order in council

57. The provisions of this Part, other than subsections 29(2) to (4), sections 30, 32, 34 and 36, subsections 40(2) and 50(1), (3), (4), (6) and (7) and sections 51 and 54, come into force on a day or days to be fixed by order of the Governor in Council.

PART 52001, c. 26CANADA SHIPPING ACT, 2001

Amendments to the Act

58. The definition “oil handling facility” in section 2 of the Canada Shipping Act, 2001 is replaced by the following:

59. Subsection 11(2) of the Act is amended by adding the following after paragraph (c):

60. The Act is amended by adding the following after section 167:

• 61. (1) The portion of subsection 168(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Oil handling facilities — requirements

  • 168. (1) Subject to the regulations, the operator of an oil handling facility of a class established by the regulations shall

• (2) Subparagraph 168(1)(b)(i) of the Act is replaced by the following:

  • (i) describes the manner in which the operator will comply with the regulations made under paragraph 182(1)(a),

• (3) Paragraphs 168(1)(c) and (d) of the Act are replaced by the following:

  • (c) have on site an up-to-date oil pollution prevention plan to prevent a discharge of oil during the loading or unloading of a vessel, which meets the requirements set out in the regulations;

  • (c.1) submit the up-to-date oil pollution prevention plan to the Minister within the time and in the circumstances set out in the regulations;

  • (d) have on site an up-to-date oil pollution emergency plan to respond to a discharge of oil during the loading or unloading of a vessel, which meets the requirements set out in the regulations;

  • (d.1) submit the up-to-date oil pollution emergency plan to the Minister within the time and in the circumstances set out in the regulations; and

• (4) Paragraph 168(1)(e) of the English version of the Act is replaced by the following:

  • (e) have the procedures, equipment and resources required by the regulations available for immediate use in the event of a discharge of oil during the loading or unloading of a vessel.

• (5) Subsection 168(2) of the Act is repealed.

62. The Act is amended by adding the following after section 168: