GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 123
Report 123 (1) On the conclusion of the special examination, an examiner shall provide a written report of their findings to the Minister and the Administrator. 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
Marine Liability Act — M-0.7 124
Right to information 124 (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. 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
Marine Liability Act — M-0.7 125
Governor in Council 125 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
Marine Liability Act — M-0.7 126
Designated officers 126 (1) The Minister may designate a person or class of persons as officers to be responsible for the administration and enforcement of this Act. 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
Marine Liability Act — M-0.7 127
Crown not relieved 127 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
Marine Liability Act — M-0.7 128
Powers 128 (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. 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
Marine Liability Act — M-0.7 129
Detention 129 (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. 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. 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. 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. 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. 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. 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. 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. 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. 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
Marine Liability Act — M-0.7 130
Direction to move detained ship 130 The Minister may (a) on application made by the owner or the master of a detained ship, in the form and manner prescribed by the Minister, permit the master to move it in accordance with the Minister’s directions; (b) on application made by the owner of a dock or wharf, or by the person in charge of a harbour, at which a detained ship is situated, in the form and manner prescribed by the Minister, direct the person who is, or appears to be, in charge of the ship to move the ship in accordance with the Minister’s directions; and (c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the ship, authorize the applicant to move it in accordance with the Minister’s directions and at the owner’s expense. 2001, c. 6, s. 130; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 130.01
Violation 130.01 (1) Every person who contravenes any of the following provisions commits a violation and is liable to a penalty: (a) subsections 74.4(2) and (3), any of paragraphs 114.1(2)(a) to (d), subsections 114.2(1), 117.1(1) and (1.1), 117.3(2) and 118(1) and (1.1), section 118.1 and subsection 129(7); (b) a provision of this Act or of the regulations the contravention of which is designated as a violation by a regulation made under paragraph 130.19(a). Penalty (2) The maximum amount payable as the penalty for each violation set out in subsection (1) is, in the case of an individual, $50,000 and, in the case of any other person, $250,000. Clarification (3) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other. Nature of violation (4) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Due diligence defence (5) A person shall not be found to be liable for a violation under this Act, other than in relation to a contravention of subsection 117.3(2) or 118(1) or (1.1), if they establish that they exercised due diligence to prevent its commission. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.02
Assurance of compliance or notice of violation 130.02 (1) If the Minister has reasonable grounds to believe that a person has committed a violation, the Minister may (a) enter into an assurance of compliance with the person that (i) identifies the violation and provides that the person will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance, (ii) sets out the amount and form of any security that, pending compliance with the assurance, is to be deposited with the Minister, and (iii) sets out the penalty that the person would have been liable to pay for the violation if the assurance had not been entered into; or (b) issue, and cause to be served on the person, a notice of violation that names them, identifies the violation and sets out (i) the penalty that the person is liable to pay for the violation, (ii) the period, being 30 days after the day on which the notice is served, within which the penalty is to be paid or a review is to be requested, and (iii) particulars of the manner in which, and the address at which, the penalty is to be paid or a review is to be requested. Extension of period (2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person is unable to comply with the assurance of compliance for reasons beyond the person’s control. Short-form descriptions in notices of violation (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.03
Deemed violation 130.03 (1) A person who enters into an assurance of compliance under paragraph 130.02(1)(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into. Request for review (2) A person who enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under subsection 130.05(1), file a request with the Transportation Appeal Tribunal of Canada for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and the person is deemed to have filed a written request for a review of the facts of the violation and the amount of the penalty under paragraph 130.09(1)(b). 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.04
When assurance of compliance complied with 130.04 If the Minister is satisfied that a person who has entered into an assurance of compliance under paragraph 130.02(1)(a) has complied with it, he or she shall cause a notice to that effect to be served on the person and, on the service of the notice, (a) no further proceedings may be taken against the person with respect to the violation in respect of which the assurance was entered into; and (b) any security deposited under subparagraph 130.02(1)(a)(ii) shall be returned to the person. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.05
When assurance of compliance not complied with 130.05 (1) If the Minister is of the opinion that a person who has entered into an assurance of compliance under paragraph 130.02(1)(a) has not complied with it, he or she may cause a notice of default to be served on the person to the effect that, unless a member of the Transportation Appeal Tribunal of Canada determines under section 130.07 that the assurance has been complied with, or an appeal panel of that Tribunal decides under section 130.1 that the assurance has been complied with, (a) the person is liable to pay double the amount of the penalty set out in the assurance; or (b) the security deposited under subparagraph 130.02(1)(a)(ii) is forfeited to Her Majesty in right of Canada. Contents of notice (2) The notice shall include the address at which, and the date — being 30 days after the day on which the notice is served — on or before which, a request for a review may be filed and the particulars concerning the procedure for requesting a review. Effect of notice of default (3) Once served with the notice of default, the person may not deduct from the amount set out in the notice any amount that the person spent under the assurance of compliance. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.06
Manner of service 130.06 (1) A notice referred to in any of sections 130.02, 130.04, 130.05 and 130.18 is to be served (a) in the case of an individual, (i) by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or (ii) by sending a copy of it by registered mail, courier or electronic means to the individual’s last known address or usual place of residence; and (b) in the case of a person other than an individual, (i) by leaving a copy of it with their representative or with an officer or other individual who appears to control or manage the person’s or representative’s head office or place of business, or (ii) by sending a copy of it by registered mail, courier or electronic means to their representative, to an individual referred to in subparagraph (i) or to the person’s or representative’s head office or place of business. Proof of service (2) Service may be proved by (a) an acknowledgement of service signed by or on behalf of the person served, specifying the date and location of service; (b) a certificate of service, signed by the person who effected the service, indicating the name of the person served and the means by which and day on which service was effected; or (c) a record of electronic transmission setting out the date and time of transmission. Date service effective (3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective, (a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; and (b) in the case of service by electronic means, on the day on which it is sent, as indicated on the record of transmission. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.07
Request for review 130.07 (1) A person served with a notice under subsection 130.05(1) may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal of Canada on application allows, file a written request for a review of the Minister’s decision made under that subsection with the Tribunal. Time and place for review (2) On receipt of the request, the Transportation Appeal Tribunal of Canada shall specify a time and place for the review and notify the Minister and the person who filed the request of that time and place in writing. Review procedure (3) The member of the Transportation Appeal Tribunal of Canada who is assigned to conduct the review shall provide the Minister and the person with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations at the review. Burden of proof (4) The burden is on the Minister to establish that the person did not comply with the assurance of compliance referred to in the notice. The person is not required, and shall not be compelled, to give any evidence or testimony in the matter. Certain defences not available (5) Despite subsection 130.01(5), a person does not have a defence by reason that the person exercised due diligence to comply with the assurance of compliance. Determination by member (6) At the conclusion of the review, the member who conducts the review shall confirm the Minister’s decision or determine that the person has complied with the assurance of compliance and shall without delay inform the parties of his or her decision. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.08
Return of security 130.08 Any security deposited under subparagraph 130.02(1)(a)(ii) shall be returned to the person if (a) a notice is served under subsection 130.05(1) and the person pays double the amount of the penalty set out in the assurance of compliance; or (b) a member of the Transportation Appeal Tribunal of Canada determines under subsection 130.07(6), or an appeal panel of that Tribunal decides under subsection 130.1(3), that the assurance has been complied with. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.09
Notice of violation — options 130.09 (1) A person served with a notice of violation under paragraph 130.02(1)(b) shall (a) pay the amount of the penalty; or (b) within 30 days after the day on which the notice is served or any further time that the Transportation Appeal Tribunal of Canada on application allows, file with the Tribunal a written request for a review of the facts of the violation or the amount of the penalty. Amount paid or no review requested (2) If a review is not requested within the period referred to in paragraph (1)(b), or the amount of the penalty is paid, the person is considered to have committed the violation in respect of which the notice was served and any proceedings in respect of the violation are ended. Time and place for review (3) On receipt of a request filed under paragraph (1)(b), the Transportation Appeal Tribunal of Canada shall specify a time and place for the review and notify the Minister and the person who filed the request of that time and place in writing. Review procedure (4) The member of the Transportation Appeal Tribunal of Canada who is assigned to conduct the review shall provide the Minister and the person with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations at the review. Burden of proof (5) In every case when the facts of a violation are reviewed, the burden is on the Minister to establish that the person committed the violation referred to in the notice. The person is not required, and shall not be compelled, to give any evidence or testimony in the matter. Determination by member (6) At the conclusion of the review, the member who conducts the review shall, without delay and in writing, inform the Minister and the person who is alleged to have committed a violation of the member’s determination. Determination — no violation (7) If the member determines that the person has not committed a violation, then, subject to section 130.1, no further proceedings under this Act may be taken against the person in respect of the alleged violation. Determination — violation (8) If the member determines that the person has committed a violation, then the member shall inform the Minister and the person, subject to subsection 130.01(2) and regulations made under paragraph 130.19(b), of the amount determined by the member to be payable to the Transportation Appeal Tribunal of Canada by or on behalf of the person and the period within which it is to be paid. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.1
Right of appeal 130.1 (1) The Minister or the person who requested the review may, within 30 days after the day on which a determination is made under subsection 130.07(6) or 130.09(6), appeal the determination to the Transportation Appeal Tribunal of Canada. Loss of right of appeal (2) A party that does not appear at the review hearing is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) At the conclusion of the review, the appeal panel of the Transportation Appeal Tribunal of Canada that is assigned to hear the appeal shall (a) in the case of a determination made under subsection 130.07(6), dismiss the appeal or allow the appeal and substitute its own decision; or (b) in the case of a determination made under subsection 130.09(6), dismiss the appeal or allow the appeal and, subject to subsection 130.01(2) and regulations made under paragraph 130.19(b), substitute its own decision. The appeal panel shall inform the parties of its decision without delay and specify the period within which any amount determined by the appeal panel to be payable to the Transportation Appeal Tribunal of Canada is to be paid. 2018, c. 27, s. 744
Marine Liability Act — M-0.7 130.11
Debts due to Her Majesty 130.11 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Admiralty Court or any other court of competent jurisdiction: (a) the amount of a penalty set out in a notice of violation referred to in paragraph 130.02(1)(b), from the expiry of the period specified in the notice for the payment of that amount, unless a review is requested under paragraph 130.09(1)(b); (b) the amount referred to in paragraph 130.05(1)(a) that a person is liable to pay, from the time the notice of default referred to in subsection 130.05(1) is served, unless a review is requested under subsection 130.07(1); (c) the amount of a penalty determined by a member under section 130.09 or an appeal panel under section 130.1, from the expiry of the period specified in the decision for the payment of that amount; and (d) the amount of any costs and expenses referred to in subsection (3). Limitation or prescription period (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than five years after the day on which the debt becomes payable. Liability (3) A person who is liable to pay an amount referred to in any of paragraphs (1)(a) to (c) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount. 2018, c. 27, s. 744