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

Full Document:  

Act current to 2024-05-28 and last amended on 2023-06-22. 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: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

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
 

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