GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 5
5 (a) Except as otherwise provided in subparagraph (b), the aggregate amount of compensation payable by the HNS Fund under this article shall in respect of any one incident be limited, so that the total sum of that amount and any amount of compensation actually paid under chapter II for damage within the scope of application of this Convention as defined in article 3 shall not exceed 250 million units of account. (b) The aggregate amount of compensation payable by the HNS Fund under this article for damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 250 million units of account. (c) Interest accrued on a fund constituted in accordance with article 9, paragraph 3, if any, shall not be taken into account for the computation of the maximum compensation payable by the HNS Fund under this article. (d) The amounts mentioned in this article shall be converted into national currency on the basis of the value of that currency with reference to the Special Drawing Right on the date of the decision of the Assembly of the HNS Fund as to the first date of payment of compensation.
Marine Liability Act — M-0.7 (a)
(a) Except as otherwise provided in subparagraph (b), the aggregate amount of compensation payable by the HNS Fund under this article shall in respect of any one incident be limited, so that the total sum of that amount and any amount of compensation actually paid under chapter II for damage within the scope of application of this Convention as defined in article 3 shall not exceed 250 million units of account.
Marine Liability Act — M-0.7 (b)
(b) The aggregate amount of compensation payable by the HNS Fund under this article for damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 250 million units of account.
Marine Liability Act — M-0.7 (c)
(c) Interest accrued on a fund constituted in accordance with article 9, paragraph 3, if any, shall not be taken into account for the computation of the maximum compensation payable by the HNS Fund under this article.
Marine Liability Act — M-0.7 (d)
(d) The amounts mentioned in this article shall be converted into national currency on the basis of the value of that currency with reference to the Special Drawing Right on the date of the decision of the Assembly of the HNS Fund as to the first date of payment of compensation.
Marine Liability Act — M-0.7 6
6 Where the amount of established claims against the HNS Fund exceeds the aggregate amount of compensation payable under paragraph 5, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under this Convention shall be the same for all claimants. Claims in respect of death or personal injury shall have priority over other claims, however, save to the extent that the aggregate of such claims exceeds two-thirds of the total amount established in accordance with paragraph 5.
Marine Liability Act — M-0.7 7
7 The Assembly of the HNS Fund may decide that, in exceptional cases, compensation in accordance with this Convention can be paid even if the owner has not constituted a fund in accordance with chapter II. In such cases paragraph 5(d) applies accordingly.
Marine Liability Act — M-0.7 (a)
For the purpose of fulfilling its function under article 13, paragraph 1(a), the HNS Fund shall have the following tasks (a) to consider claims made against the HNS Fund; (b) to prepare an estimate in the form of a budget for each calendar year of: Expenditure: (i) costs and expenses of the administration of the HNS Fund in the relevant year and any deficit from operations in the preceding years; and (ii) payments to be made by the HNS Fund in the relevant year; Income: (iii) surplus funds from operations in preceding years, including any interest; (iv) initial contributions to be paid in the course of the year; (v) annual contributions if required to balance the budget; and (vi) any other income; (c) to use at the request of a State Party its good offices as necessary to assist that State to secure promptly such personnel, material and services as are necessary to enable the State to take measures to prevent or mitigate damage arising from an incident in respect of which the HNS Fund may be called upon to pay compensation under this Convention; and (d) to provide, on conditions laid down in the internal regulations, credit facilities with a view to the taking of preventive measures against damage arising from a particular incident in respect of which the HNS Fund may be called upon to pay compensation under this Convention.
Marine Liability Act — M-0.7 (a)
(a) to consider claims made against the HNS Fund;
Marine Liability Act — M-0.7 (b)
(b) to prepare an estimate in the form of a budget for each calendar year of: Expenditure: (i) costs and expenses of the administration of the HNS Fund in the relevant year and any deficit from operations in the preceding years; and (ii) payments to be made by the HNS Fund in the relevant year; Income: (iii) surplus funds from operations in preceding years, including any interest; (iv) initial contributions to be paid in the course of the year; (v) annual contributions if required to balance the budget; and (vi) any other income;
Marine Liability Act — M-0.7 (i)
Expenditure: (i) costs and expenses of the administration of the HNS Fund in the relevant year and any deficit from operations in the preceding years; and (ii) payments to be made by the HNS Fund in the relevant year;
Marine Liability Act — M-0.7 (i)
(i) costs and expenses of the administration of the HNS Fund in the relevant year and any deficit from operations in the preceding years; and
Marine Liability Act — M-0.7 (ii)
(ii) payments to be made by the HNS Fund in the relevant year;
Marine Liability Act — M-0.7 (iii)
Income: (iii) surplus funds from operations in preceding years, including any interest; (iv) initial contributions to be paid in the course of the year; (v) annual contributions if required to balance the budget; and (vi) any other income;
Marine Liability Act — M-0.7 (iii)
(iii) surplus funds from operations in preceding years, including any interest;
Marine Liability Act — M-0.7 (iv)
(iv) initial contributions to be paid in the course of the year;
Marine Liability Act — M-0.7 (v)
(v) annual contributions if required to balance the budget; and
Marine Liability Act — M-0.7 (c)
(c) to use at the request of a State Party its good offices as necessary to assist that State to secure promptly such personnel, material and services as are necessary to enable the State to take measures to prevent or mitigate damage arising from an incident in respect of which the HNS Fund may be called upon to pay compensation under this Convention; and
Marine Liability Act — M-0.7 (d)
(d) to provide, on conditions laid down in the internal regulations, credit facilities with a view to the taking of preventive measures against damage arising from a particular incident in respect of which the HNS Fund may be called upon to pay compensation under this Convention.
Marine Liability Act — M-0.7 1
1 The HNS Fund shall have a general account, which shall be divided into sectors.
Marine Liability Act — M-0.7 2
2 The HNS Fund shall, subject to article 19, paragraphs 3 and 4, also have separate accounts in respect of: (a) oil as defined in article 1, paragraph 5(a)(i) (oil account); (b) liquefied natural gases of light hydrocarbons with methane as the main constituent (LNG) (LNG account); and (c) liquefied petroleum gases of light hydrocarbons with propane and butane as the main constituents (LPG) (LPG account).
Marine Liability Act — M-0.7 (a)
(a) oil as defined in article 1, paragraph 5(a)(i) (oil account);
Marine Liability Act — M-0.7 (b)
(b) liquefied natural gases of light hydrocarbons with methane as the main constituent (LNG) (LNG account); and
Marine Liability Act — M-0.7 (c)
(c) liquefied petroleum gases of light hydrocarbons with propane and butane as the main constituents (LPG) (LPG account).
Marine Liability Act — M-0.7 3
3 There shall be initial contributions and, as required, annual contributions to the HNS Fund.
Marine Liability Act — M-0.7 4
4 Contributions to the HNS Fund shall be made into the general account in accordance with article 18, to separate accounts in accordance with article 19 and to either the general account or separate accounts in accordance with article 20 or article 21, paragraph 5. Subject to article 19, paragraph 6, the general account shall be available to compensate damage caused by hazardous and noxious substances covered by that account, and a separate account shall be available to compensate damage caused by a hazardous and noxious substance covered by that account.
Marine Liability Act — M-0.7 5
5 For the purposes of article 18, article 19, paragraph 1(a)(i), paragraph 1(a)(ii) and paragraph 1(b), article 20 and article 21, paragraph 5, where the quantity of a given type of contributing cargo received in the territory of a State Party by any person in a calendar year when aggregated with the quantities of the same type of cargo received in the same State Party in that year by any associated person or persons exceeds the limit specified in the respective subparagraphs, such a person shall pay contributions in respect of the actual quantity received by that person notwithstanding that that quantity did not exceed the respective limit.
Marine Liability Act — M-0.7 6
6 Associated person means any subsidiary or commonly controlled entity. The question whether a person comes within this definition shall be determined by the national law of the State concerned.
Marine Liability Act — M-0.7 1
1 Annual contributions to the general account and to each separate account shall be levied only as required to make payments by the account in question.
Marine Liability Act — M-0.7 2
2 Annual contributions payable pursuant to articles 18, 19 and article 21, paragraph 5, shall be determined by the Assembly and shall be calculated in accordance with those articles on the basis of the units of contributing cargo received during the preceding calendar year or such other year as the Assembly may decide.
Marine Liability Act — M-0.7 3
3 The Assembly shall decide the total amount of annual contributions to be levied to the general account and to each separate account. Following that decision the Director shall, in respect of each State Party, calculate for each person liable to pay contributions in accordance with article 18, article 19, paragraph 1 and paragraph 1 bis , and article 21, paragraph 5, the amount of that person’s annual contribution to each account, on the basis of a fixed sum for each unit of contributing cargo reported in respect of the person during the preceding calendar year or such other year as the Assembly may decide. For the general account, the above-mentioned fixed sum per unit of contributing cargo for each sector shall be calculated pursuant to the regulations contained in Annex II to this Convention. For each separate account, the fixed sum per unit of contributing cargo referred to above shall be calculated by dividing the total annual contribution to be levied to that account by the total quantity of cargo contributing to that account.
Marine Liability Act — M-0.7 4
4 The Assembly may also levy annual contributions for administrative costs and decide on the distribution of such costs between the sectors of the general account and the separate accounts.
Marine Liability Act — M-0.7 5
5 The Assembly shall also decide on the distribution between the relevant accounts and sectors of amounts paid in compensation for damage caused by two or more substances which fall within different accounts or sectors, on the basis of an estimate of the extent to which each of the substances involved contributed to the damage.
Marine Liability Act — M-0.7 1
1 Subject to article 16, paragraph 5, annual contributions to the general account shall be made in respect of each State Party by any person who was the receiver in that State in the preceding calendar year, or such other year as the Assembly may decide, of aggregate quantities exceeding 20,000 tonnes of contributing cargo, other than substances referred to in article 19, paragraph 1 and paragraph 1 bis , which fall within the following sectors: (a) solid bulk materials referred to in article 1, paragraph 5(a)(vii); (b) substances referred to in paragraph 2; and (c) other substances.
Marine Liability Act — M-0.7 (a)
(a) solid bulk materials referred to in article 1, paragraph 5(a)(vii);
Marine Liability Act — M-0.7 (b)
(b) substances referred to in paragraph 2; and
Marine Liability Act — M-0.7 2
2 Annual contributions shall also be payable to the general account by persons who would have been liable to pay contributions to a separate account in accordance with article 19, paragraph 1 and paragraph 1 bis , had its operation not been postponed or suspended in accordance with article 19. Each separate account the operation of which has been postponed or suspended under article 19 shall form a separate sector within the general account.
Marine Liability Act — M-0.7 1
1 Subject to article 16, paragraph 5, annual contributions to separate accounts shall be made in respect of each State Party: (a) in the case of the oil account, (i) by any person who has received in that State in the preceding calendar year, or such other year as the Assembly may decide, total quantities exceeding 150,000 tonnes of contributing oil as defined in article 1, paragraph 3 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, as amended, and who is or would be liable to pay contributions to the International Oil Pollution Compensation Fund in accordance with article 10 of that Convention; and (ii) by any person who was the receiver in that State in the preceding calendar year, or such other year as the Assembly may decide, of total quantities exceeding 20,000 tonnes of other oils carried in bulk listed in appendix I of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended; (b) in the case of the LPG account, by any person who in the preceding calendar year, or such other year as the Assembly may decide, was the receiver in that State of total quantities exceeding 20,000 tonnes of LPG. 1 bis (a) In the case of the LNG account, subject to article 16, paragraph 5, annual contributions to the LNG account shall be made in respect of each State Party by any person who in the preceding calendar year, or such other year as the Assembly may decide, was the receiver in that State of any quantity of LNG. (b) However, any contributions shall be made by the person who, immediately prior to its discharge, held title to an LNG cargo discharged in a port or terminal of that State (the titleholder) where: (i) the titleholder has entered into an agreement with the receiver that the titleholder shall make such contributions; and (ii) the receiver has informed the State Party that such an agreement exists. (c) If the titleholder referred to in subparagraph (b) above does not make the contributions or any part thereof, the receiver shall make the remaining contributions. The Assembly shall determine in the internal regulations the circumstances under which the titleholder shall be considered as not having made the contributions and the arrangements in accordance with which the receiver shall make any remaining contributions. (d) Nothing in this paragraph shall prejudice any rights of recourse or reimbursement of the receiver that may arise between the receiver and the titleholder under the applicable law.
Marine Liability Act — M-0.7 (a)
(a) in the case of the oil account, (i) by any person who has received in that State in the preceding calendar year, or such other year as the Assembly may decide, total quantities exceeding 150,000 tonnes of contributing oil as defined in article 1, paragraph 3 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, as amended, and who is or would be liable to pay contributions to the International Oil Pollution Compensation Fund in accordance with article 10 of that Convention; and (ii) by any person who was the receiver in that State in the preceding calendar year, or such other year as the Assembly may decide, of total quantities exceeding 20,000 tonnes of other oils carried in bulk listed in appendix I of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended;
Marine Liability Act — M-0.7 (i)
(i) by any person who has received in that State in the preceding calendar year, or such other year as the Assembly may decide, total quantities exceeding 150,000 tonnes of contributing oil as defined in article 1, paragraph 3 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, as amended, and who is or would be liable to pay contributions to the International Oil Pollution Compensation Fund in accordance with article 10 of that Convention; and
Marine Liability Act — M-0.7 (ii)
(ii) by any person who was the receiver in that State in the preceding calendar year, or such other year as the Assembly may decide, of total quantities exceeding 20,000 tonnes of other oils carried in bulk listed in appendix I of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended;
Marine Liability Act — M-0.7 (b)
(b) in the case of the LPG account, by any person who in the preceding calendar year, or such other year as the Assembly may decide, was the receiver in that State of total quantities exceeding 20,000 tonnes of LPG.
Marine Liability Act — M-0.7 1
1 bis (a) In the case of the LNG account, subject to article 16, paragraph 5, annual contributions to the LNG account shall be made in respect of each State Party by any person who in the preceding calendar year, or such other year as the Assembly may decide, was the receiver in that State of any quantity of LNG.
Marine Liability Act — M-0.7 (b)
(b) However, any contributions shall be made by the person who, immediately prior to its discharge, held title to an LNG cargo discharged in a port or terminal of that State (the titleholder) where: (i) the titleholder has entered into an agreement with the receiver that the titleholder shall make such contributions; and (ii) the receiver has informed the State Party that such an agreement exists.
Marine Liability Act — M-0.7 (i)
(i) the titleholder has entered into an agreement with the receiver that the titleholder shall make such contributions; and
Marine Liability Act — M-0.7 (ii)
(ii) the receiver has informed the State Party that such an agreement exists.
Marine Liability Act — M-0.7 (c)
(c) If the titleholder referred to in subparagraph (b) above does not make the contributions or any part thereof, the receiver shall make the remaining contributions. The Assembly shall determine in the internal regulations the circumstances under which the titleholder shall be considered as not having made the contributions and the arrangements in accordance with which the receiver shall make any remaining contributions.
Marine Liability Act — M-0.7 (d)
(d) Nothing in this paragraph shall prejudice any rights of recourse or reimbursement of the receiver that may arise between the receiver and the titleholder under the applicable law.
Marine Liability Act — M-0.7 2
2 Subject to paragraph 3, the separate accounts referred to in paragraph 1 and paragraph 1 bis above shall become effective at the same time as the general account.
Marine Liability Act — M-0.7 3
3 The initial operation of a separate account referred to in article 16, paragraph 2 shall be postponed until such time as the quantities of contributing cargo in respect of that account during the preceding calendar year, or such other year as the Assembly may decide, exceed the following levels: (a) 350 million tonnes of contributing cargo in respect of the oil account; (b) 20 million tonnes of contributing cargo in respect of the LNG account; and (c) 15 million tonnes of contributing cargo in respect of the LPG account.
Marine Liability Act — M-0.7 (a)
(a) 350 million tonnes of contributing cargo in respect of the oil account;
Marine Liability Act — M-0.7 (b)
(b) 20 million tonnes of contributing cargo in respect of the LNG account; and
Marine Liability Act — M-0.7 (c)
(c) 15 million tonnes of contributing cargo in respect of the LPG account.
Marine Liability Act — M-0.7 4
4 The Assembly may suspend the operation of a separate account if: (a) the quantities of contributing cargo in respect of that account during the preceding calendar year fall below the respective level specified in paragraph 3; or (b) when six months have elapsed from the date when the contributions were due, the total unpaid contributions to that account exceed ten per cent of the most recent levy to that account in accordance with paragraph 1.
Marine Liability Act — M-0.7 (a)
(a) the quantities of contributing cargo in respect of that account during the preceding calendar year fall below the respective level specified in paragraph 3; or
Marine Liability Act — M-0.7 (b)
(b) when six months have elapsed from the date when the contributions were due, the total unpaid contributions to that account exceed ten per cent of the most recent levy to that account in accordance with paragraph 1.
Marine Liability Act — M-0.7 5
5 The Assembly may reinstate the operation of a separate account which has been suspended in accordance with paragraph 4.
Marine Liability Act — M-0.7 6
6 Any person who would be liable to pay contributions to a separate account the operation of which has been postponed in accordance with paragraph 3 or suspended in accordance with paragraph 4, shall pay into the general account the contributions due by that person in respect of that separate account. For the purpose of calculating future contributions, the postponed or suspended separate account shall form a new sector in the general account and shall be subject to the HNS points system defined in Annex II.
Marine Liability Act — M-0.7 1
1 In respect of each State Party, initial contributions shall be made of an amount which shall, for each person liable to pay contributions in accordance with article 16, paragraph 5, articles 18, 19 and article 21, paragraph 5, be calculated on the basis of a fixed sum, equal for the general account and each separate account, for each unit of contributing cargo received in that State during the calendar year preceding that in which this Convention enters into force for that State.
Marine Liability Act — M-0.7 2
2 The fixed sum and the units for the different sectors within the general account as well as for each separate account referred to in paragraph 1 shall be determined by the Assembly.
Marine Liability Act — M-0.7 3
3 Initial contributions shall be paid within three months following the date on which the HNS Fund issues invoices in respect of each State Party to persons liable to pay contributions in accordance with paragraph 1.
Marine Liability Act — M-0.7 1
1 Each State Party shall ensure that any person liable to pay contributions in accordance with articles 18, 19 or paragraph 5 of this article appears on a list to be established and kept up to date by the Director in accordance with the provisions of this article.
Marine Liability Act — M-0.7 2
2 For the purposes set out in paragraph 1, each State Party shall communicate to the Director, at a time and in the manner to be prescribed in the internal regulations of the HNS Fund, the name and address of any person who in respect of the State is liable to pay contributions in accordance with articles 18, 19 or paragraph 5 of this article, as well as data on the relevant quantities of contributing cargo for which such a person is liable to contribute in respect of the preceding calendar year.