GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7
Issued in accordance with the provisions of Article 12 of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010 Name of ship Distinctive number or letters IMO ship identification number Port of registry Name and full address of the principal place of business of the owner
Marine Liability Act — M-0.7
Name and full address of the principal place of business of the owner
Marine Liability Act — M-0.7
This is to certify that there is in force in respect of the above-named ship a policy of insurance or other financial security satisfying the requirements of Article 12 of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010.
Marine Liability Act — M-0.7
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Marine Liability Act — M-0.7
At .....................................   On ..........................................
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Marine Liability Act — M-0.7 1
Explanatory Notes: 1 If desired, the designation of the State may include a reference to the competent public authority of the country where the certificate is issued. 2 If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated. 3 If security is furnished in several forms, these should be enumerated. 4 The entry “Duration of the Security” must stipulate the date on which such security takes effect. 5 The entry “Address” of the insurer(s) and/or guarantor(s) must indicate the principal place of business of the insurer(s) and/or guarantor(s). If appropriate, the place of business where the insurance or other security is established shall be indicated.
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4 The entry “Duration of the Security” must stipulate the date on which such security takes effect.
Marine Liability Act — M-0.7 1
Regulation 1 1 The fixed sum referred to in article 17, paragraph 3 shall be determined for each sector in accordance with these regulations. 2 When it is necessary to calculate contributions for more than one sector of the general account, a separate fixed sum per unit of contributing cargo shall be calculated for each of the following sectors as may be required: (a) solid bulk materials referred to in article 1, paragraph 5(a)(vii); (b) oil, if the operation of the oil account is postponed or suspended; (c) LNG, if the operation of the LNG account is postponed or suspended; (d) LPG, if the operation of the LPG account is postponed or suspended; (e) other substances.
Marine Liability Act — M-0.7 1
1 The fixed sum referred to in article 17, paragraph 3 shall be determined for each sector in accordance with these regulations.
Marine Liability Act — M-0.7 2
2 When it is necessary to calculate contributions for more than one sector of the general account, a separate fixed sum per unit of contributing cargo shall be calculated for each of the following sectors as may be required: (a) solid bulk materials referred to in article 1, paragraph 5(a)(vii); (b) oil, if the operation of the oil account is postponed or suspended; (c) LNG, if the operation of the LNG account is postponed or suspended; (d) LPG, if the operation of the LPG account is postponed or suspended; (e) other substances.
Marine Liability Act — M-0.7 (b)
(b) oil, if the operation of the oil account is postponed or suspended;
Marine Liability Act — M-0.7 (c)
(c) LNG, if the operation of the LNG account is postponed or suspended;
Marine Liability Act — M-0.7 (d)
(d) LPG, if the operation of the LPG account is postponed or suspended;
Marine Liability Act — M-0.7 1
Regulation 2 1 For each sector, the fixed sum per unit of contributing cargo shall be the product of the levy per HNS point and the sector factor for that sector. 2 The levy per HNS point shall be the total annual contributions to be levied to the general account divided by the total HNS points for all sectors. 3 The total HNS points for each sector shall be the product of the total volume, measured in metric tonnes, of contributing cargo for that sector and the corresponding sector factor. 4 A sector factor shall be calculated as the weighted arithmetic average of the claims/volume ratio for that sector for the relevant year and the previous nine years, according to this regulation. 5 Except as provided in paragraph 6, the claims/volume ratio for each of these years shall be calculated as follows: (a) established claims, measured in units of account converted from the claim currency using the rate applicable on the date of the incident in question, for damage caused by substances in respect of which contributions to the HNS Fund are due for the relevant year; divided by (b) the volume of contributing cargo corresponding to the relevant year. 6 In cases where the information required in paragraphs 5(a) and (b) is not available, the following values shall be used for the claims/volume ratio for each of the missing years: (a) solid bulk  materials referred  to in article 1, paragraph 5(a)(vii) 0 (b) oil, if the operation of the oil account is postponed 0 (c) LNG, if the operation of the LNG account is postponed 0 (d) LPG, if the operation of the LPG account is postponed 0 (e) other substances 0.0001 7 The arithmetic average of the ten years shall be weighted on a decreasing linear scale, so that the ratio of the relevant year shall have a weight of 10, the year prior to the relevant year shall have a weight of 9, the next preceding year shall have a weight of 8, and so on, until the tenth year has a weight of 1. 8 If the operation of a separate account has been suspended, the relevant sector factor shall be calculated in accordance with those provisions of this regulation which the Assembly shall consider appropriate.
Marine Liability Act — M-0.7 1
1 For each sector, the fixed sum per unit of contributing cargo shall be the product of the levy per HNS point and the sector factor for that sector.
Marine Liability Act — M-0.7 2
2 The levy per HNS point shall be the total annual contributions to be levied to the general account divided by the total HNS points for all sectors.
Marine Liability Act — M-0.7 3
3 The total HNS points for each sector shall be the product of the total volume, measured in metric tonnes, of contributing cargo for that sector and the corresponding sector factor.
Marine Liability Act — M-0.7 4
4 A sector factor shall be calculated as the weighted arithmetic average of the claims/volume ratio for that sector for the relevant year and the previous nine years, according to this regulation.
Marine Liability Act — M-0.7 5
5 Except as provided in paragraph 6, the claims/volume ratio for each of these years shall be calculated as follows: (a) established claims, measured in units of account converted from the claim currency using the rate applicable on the date of the incident in question, for damage caused by substances in respect of which contributions to the HNS Fund are due for the relevant year; divided by (b) the volume of contributing cargo corresponding to the relevant year.
Marine Liability Act — M-0.7 (a)
(a) established claims, measured in units of account converted from the claim currency using the rate applicable on the date of the incident in question, for damage caused by substances in respect of which contributions to the HNS Fund are due for the relevant year; divided by
Marine Liability Act — M-0.7 (b)
(b) the volume of contributing cargo corresponding to the relevant year.
Marine Liability Act — M-0.7 6
6 In cases where the information required in paragraphs 5(a) and (b) is not available, the following values shall be used for the claims/volume ratio for each of the missing years: (a) solid bulk  materials referred  to in article 1, paragraph 5(a)(vii) 0 (b) oil, if the operation of the oil account is postponed 0 (c) LNG, if the operation of the LNG account is postponed 0 (d) LPG, if the operation of the LPG account is postponed 0 (e) other substances 0.0001
Marine Liability Act — M-0.7 (a)
(a) solid bulk  materials referred  to in article 1, paragraph 5(a)(vii) 0
Marine Liability Act — M-0.7 (b)
(b) oil, if the operation of the oil account is postponed 0
Marine Liability Act — M-0.7 (c)
(c) LNG, if the operation of the LNG account is postponed 0
Marine Liability Act — M-0.7 (d)
(d) LPG, if the operation of the LPG account is postponed 0
Marine Liability Act — M-0.7 7
7 The arithmetic average of the ten years shall be weighted on a decreasing linear scale, so that the ratio of the relevant year shall have a weight of 10, the year prior to the relevant year shall have a weight of 9, the next preceding year shall have a weight of 8, and so on, until the tenth year has a weight of 1.
Marine Liability Act — M-0.7 8
8 If the operation of a separate account has been suspended, the relevant sector factor shall be calculated in accordance with those provisions of this regulation which the Assembly shall consider appropriate.
Marine Liability Act — M-0.7 1
1 The Convention does not apply to ships that carry hazardous and noxious substances only in packaged form and that do not exceed 200 gross tonnage, while those ships are engaged on voyages between ports or facilities in Canada.
Marine Liability Act — M-0.7 101
Liability of Ship-source Oil Pollution Fund 101 (1) Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable in relation to oil for any kind of loss, damage, costs or expenses — including liability for economic loss caused by oil pollution suffered by persons whose property has not been polluted, but not including liability for loss in relation to damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention — for the matters referred to in sections 51, 71, 74.24 and 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention, if
Marine Liability Act — M-0.7 103
Claims filed with Administrator 103 (1) In addition to any right against the Ship-source Oil Pollution Fund under section 101, a person may file a claim with the Administrator for the loss, damage, costs or expenses if the person has suffered loss or damage or incurred costs or expenses referred to in sections 51, 71, 74.24 and 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention in respect of any kind of loss, damage, costs or expenses arising out of actual or anticipated oil pollution damage, including economic loss caused by oil pollution suffered by persons whose property has not been polluted but not including loss in respect of damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention.
Marine Liability Act — M-0.7 131
Contraventions 131 Every person or ship that contravenes subsection 55(1) or (2), 73(1) or (2), 74.28(1) or (2), 128(2) or 129(6) or (7) or regulations made under section 39 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000.
Marine Liability Act — M-0.7 74.27
Public notice 74.27 (1) The person constituting the fund must, as soon as feasible, give notice of the fund’s constitution in (a) the Canada Gazette ; (b) a newspaper in general circulation in the region where the incident occurred; and (c) any other appropriate manner in the communities potentially affected by the incident. Accessibility (1.1) Notices given under paragraphs (1)(b) and (c) are to be made accessible to the public for a period of at least 30 days. Proof of accessibility (2) The person constituting the fund must, within 15 days after the 30th day of the period referred to in subsection (1.1), file evidence in the Admiralty Court that the notices have been made accessible to the public for a period of at least 30 days.
Marine Liability Act — M-0.7 349
2018, c. 27 349 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2 . (2) On the first day on which both section 323 of this Act is in force and subsection 746(2) of the other Act has produced its effects, section 74.24 of the Marine Liability Act is amended by adding the following after subsection (2): Liability — fishing, hunting, trapping and harvesting (3) For greater certainty, for the purposes of Article 7 of the Hazardous and Noxious Substances Convention, the liability of the owner of a ship includes economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people. (3) On the first day on which both subsection 333 (3) of this Act is in force and subsection 746(8) of the other Act has produced its effects, subsection 103(3) of the Marine Liability Act is replaced by the following: Exception (3) Subsections (1) to (1.2) do not apply to a person in a state other than Canada, and subsections (1) and (1.1) do not apply to a response organization referred to in paragraph 51(1)(a), 71(1)(a), 74.24(1)(a) or 77(1)(b).
Marine Transportation Security Act — M-0.8
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marine Transportation Security Act — M-0.8 1
Short title 1 This Act may be cited as the Marine Transportation Security Act .
Marine Transportation Security Act — M-0.8
authorized screening means anything authorized or required to be done under any regulation, security measure or security rule for the control, observation, inspection and search of persons or goods to prevent the unauthorized possession or carriage of weapons, explosives and incendiaries on board vessels and at marine facilities; ( contrôle )
Marine Transportation Security Act — M-0.8
Canadian ship means a vessel registered under the Canada Shipping Act, 2001 or registered in Canada before August 1, 1936 under the Merchant Shipping Act, 1894 of the Parliament of the United Kingdom, 57-58 Victoria, chapter 60, and all Acts adding to or amending that Act; ( navire canadien )
Marine Transportation Security Act — M-0.8
goods means anything that may be taken or placed on board a vessel, including personal belongings, baggage and cargo; ( bien )
Marine Transportation Security Act — M-0.8 (a)
marine facility includes (a) an area of land, water, ice or other supporting surface used, designed, prepared, equipped or set apart for use, either in whole or in part, for the arrival, departure, movement or servicing of vessels, (b) buildings, installations and equipment on the area, associated with it or used or set apart for handling or storing goods that have been or are destined to be transported on a vessel, (c) equipment and facilities used to provide services relating to marine transportation, and (d) marine installations and structures, as defined in section 2 of the Canadian Laws Offshore Application Act ; ( installation maritime )
Marine Transportation Security Act — M-0.8
Minister means the Minister of Transport; ( ministre )
Marine Transportation Security Act — M-0.8 (a)
operator means (a) when used in respect of a vessel, (i) the actual owner of the vessel, if it is not registered, or the registered owner, if it is registered, (ii) a person having a beneficial interest in the vessel, including an interest arising under contract and any other equitable interest, other than an interest by way of a mortgage, (iii) a lessee or charterer of the vessel who is responsible for its navigation, or (iv) a master or other person who has command or charge of the vessel, other than a pilot, and (b) when used in respect of a marine facility, a person who has the charge, management and control of the facility, whether on that person’s own account or as an agent of another person; ( exploitant )
Marine Transportation Security Act — M-0.8
proposed security rule means a rule submitted for the approval of the Minister under section 10; ( règle de sûreté proposée )
Marine Transportation Security Act — M-0.8
restricted area means an area established under any regulation, security measure or security rule to which access is restricted to authorized persons; ( zone réglementée )
Marine Transportation Security Act — M-0.8
screening officer means a person designated by the Minister under section 19.1 as a screening officer for the purposes of this Act; ( agent de contrôle )
Marine Transportation Security Act — M-0.8
security inspector means a person designated by the Minister under section 22 as a security inspector for the purposes of this Act; ( inspecteur )
Marine Transportation Security Act — M-0.8
security measure means a measure formulated by the Minister under section 7; ( mesure de sûreté )
Marine Transportation Security Act — M-0.8
security rule means a rule approved by the Minister under section 10; ( règle de sûreté )
Marine Transportation Security Act — M-0.8
Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act ; ( Tribunal )
Marine Transportation Security Act — M-0.8
vessel includes a dredge, floating elevator, floating home, floating oil rig, seaplane, raft, log or lumber boom, air cushion vehicle and any type of ship, boat or craft used or capable of being used for marine navigation, regardless of how it is propelled. ( bâtiment )
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Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
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Application to vessels and marine facilities 4 (1) Subject to subsections (2) and (3), this Act applies in respect of (a) vessels and marine facilities in Canada; (b) Canadian ships outside Canada; and (c) marine installations and structures, as provided in sections 5 and 6 of the Canadian Laws Offshore Application Act . Limitation (2) This Act does not apply so as to require or authorize any person outside Canada to contravene the law of a foreign country or any Canadian ship outside Canada to be operated in contravention of that law. Limitation - military vessels, etc. (3) This Act does not apply in respect of (a) vessels and marine facilities operated under the authority of the Minister of National Defence; or (b) military vessels of a foreign country to the extent that the Minister of National Defence may exempt them from the application of this Act.
Marine Transportation Security Act — M-0.8 5
Regulations respecting security 5 (1) The Governor in Council may make regulations respecting the security of marine transportation, including regulations (a) for preventing unlawful interference with marine transportation and ensuring that appropriate action is taken where that interference occurs or could occur; (b) requiring or authorizing screening for the purpose of protecting persons, goods, vessels and marine facilities; (c) respecting the establishment of restricted areas; (d) respecting the keeping and preservation of records and documents relating to the security of marine operations, including copies of the regulations, security measures and security rules; (e) for requiring the records and documents to be filed with the Minister or provided on request; and (f) respecting the protection, preservation and return of any evidence that has been seized under this Act without a warrant or any vessel that has been detained under this Act. Offences relating to the regulations (2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence punishable on summary conviction and liable (a) in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both; or (b) in the case of a corporation, to a fine not exceeding $100,000. 1994, c. 40, s. 5; 2001, c. 29, s. 56
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Notices and service of documents 6 The Governor in Council may make regulations respecting (a) the form and manner of giving notice under this Act; and (b) the service of documents required or authorized to be served under this Act, including the manner of serving them, the proof of their service and the circumstances under which they are deemed to have been served. 1994, c. 40, s. 6; 2001, c. 29, s. 56
Marine Transportation Security Act — M-0.8 7
Minister may formulate security measures 7 (1) The Minister may formulate measures respecting the security of marine transportation, including measures containing provisions that may be included in the regulations. Operators to carry out security measures (2) The Minister may, by notice in writing, require or authorize the operator of a vessel or marine facility to carry out the security measures, and the measures may apply instead of or in addition to any provision of the regulations.
Marine Transportation Security Act — M-0.8 8
Minister may carry out security measures 8 (1) The Minister may carry out security measures on any vessel or at any marine facility where the Minister considers that the security of persons or goods is not adequately protected or is not protected in accordance with this Act, the regulations and any applicable security measures and security rules. Liability for costs (2) The operators of the vessel or marine facility are jointly and severally liable to Her Majesty in right of Canada for the costs incurred by the Minister in carrying out the security measures.
Marine Transportation Security Act — M-0.8 9
Offences relating to security measures 9 Every operator who does not carry out security measures that the operator is required to carry out, and every person who wilfully obstructs a person who is carrying out security measures, is guilty of an offence and liable (a) on conviction on indictment (i) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both, or (ii) in the case of a corporation, to a fine not exceeding $200,000; or (b) on summary conviction (i) in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both, or (ii) in the case of a corporation, to a fine not exceeding $100,000.