GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 106
Offer of compensation 106 (1) If the Administrator makes an offer of compensation to a claimant under paragraph 105(1)(a), (1.1)(a) or (b), as the case may be, the claimant shall, within 60 days after receiving the offer, notify the Administrator whether they accept or refuse it and, if no notification is received by the Administrator within that period, the claimant is deemed to have refused the offer. Appeal to Admiralty Court (2) A claimant may, within 60 days after receiving an offer of compensation or a notification that the Administrator has disallowed the claim, appeal the offer or the disallowance of the claim to the Admiralty Court, but in an appeal from the disallowance of a claim, that Court may consider only the matters described in paragraphs 105(3)(a) and (b). Acceptance of offer by claimant (3) If a claimant accepts the offer of compensation from the Administrator, (a) the Administrator shall direct payment to be made to the claimant of the amount of the offer out of the Ship-source Oil Pollution Fund without delay or according to the payment schedule referred to in paragraph 105(1.1)(b), as the case may be; (b) the claimant is then precluded from pursuing any rights that they may have had against any person in respect of matters referred to in sections 51, 71 and 77, Article III of the Civil Liability Convention and Article 3 of the Bunkers Convention in relation to the occurrence to which the offer of compensation relates, except that (i) with respect to the acceptance of an offer of compensation made under paragraph 105(1)(a), the claimant may pursue any rights that they may have under subsection 103(1.2) in a single claim, and (ii) with respect to the acceptance of an offer of compensation made under paragraph 105(1.1)(a) or (b), the claimant may pursue any rights that they may have under subsection 103(1) or (1.1) in a single claim; (c) the Administrator is, to the extent of the payment to the claimant, subrogated to any rights of the claimant referred to in paragraph (b); and (d) the Administrator shall take all reasonable measures to recover the amount of the payment from the owner of the ship, the International Fund, the Supplementary Fund or any other person liable and, for that purpose, the Administrator may commence an action in the Administrator’s or the claimant’s name, including a claim against the fund of the owner of a ship established under the Civil Liability Convention and may enforce any security provided to or enforceable by the claimant. 2001, c. 6, s. 106; 2009, c. 21, s. 11 2023, c. 26, s. 335
Marine Liability Act — M-0.7 106.01
Cessation of payments 106.01 (1) Despite paragraph 106(3)(a), the Administrator may direct, at any time after the claimant accepts an offer of compensation, that some or all of the payments referred to in paragraph 105(1.1)(b) not be made to the claimant if (a) a condition imposed on the claimant under subsection 105(1.2) is not met; (b) the Administrator has reasonable grounds to believe that the claimant did not take reasonable measures to mitigate the loss for which a claim has been filed under subsection 103(1.2); or (c) the Administrator has reasonable grounds to believe that the claimant’s loss has been mitigated. Notice (2) If the Administrator directs under subsection (1) that a payment not be made to the claimant, the Administrator must, as soon as feasible, give the claimant notice in writing. Appeal to Admiralty Court (3) A claimant may, within 60 days after receiving the notice, appeal the decision set out in the notice to the Admiralty Court. 2023, c. 26, s. 336
Marine Liability Act — M-0.7 106.02
Records — future loss 106.02 (1) If the Administrator imposes a condition requiring the claimant to keep records under subsection 105(1.2), the Administrator may, within the following periods, request that the claimant provide the Administrator with the records: (a) in the case of a payment made in accordance with an offer of compensation made under paragraph 105(1.1)(a), the period that ends on the later of (i) one year after the day on which the payment was made, and (ii) three years after the day of the occurrence in respect of which the claimant filed a claim; (b) in the case of payments made in accordance with an offer of compensation made under paragraph 105(1.1)(b) that have ceased under subsection 106.01(1), the period that ends on the later of (i) one year after the day on which the notice was sent by the Administrator under subsection 106.01(2), and (ii) three years after the day of the occurrence in respect of which the claimant filed a claim; or (c) in the case of payments made in accordance with an offer of compensation made under paragraph 105(1.1)(b) that have not ceased, the period that ends on the later of (i) one year after the day on which the final payment was made, and (ii) three years after the day of the occurrence in respect of which the claimant filed a claim. Period (2) If the Administrator requests records under subsection (1), the claimant must provide them to the Administrator within 30 days beginning on the day on which the claimant receives the request or within any longer period agreed to by the Administrator and the claimant. Failure to provide records (3) If the claimant does not provide the Administrator with the records within the applicable period, the Administrator may give the claimant a notice that they are required to repay to the Administrator the amount or a portion of the amount of the payment made to them under paragraph 106(3)(a), in the manner and within the period set out in the notice. 2023, c. 26, s. 336
Marine Liability Act — M-0.7 106.03
Post-payment investigation and reassessment 106.03 (1) The Administrator may, within the period referred to in subsection 106.02(1), investigate and reassess any claim under subsection 103(1.2) for which a payment was made under paragraph 106(3)(a). Administrator’s powers (2) For the purpose of investigating and reassessing a claim, the Administrator has the powers of a commissioner under Part I of the Inquiries Act . Factors to be considered (3) When investigating and reassessing a claim, the Administrator may consider only (a) whether it is for loss, costs or expenses referred to in subsection 103(1.2) that the claimant has suffered or incurred; (b) whether it resulted wholly or partially from (i) an act done or omitted to be done by the claimant with intent to cause damage, or (ii) the claimant’s negligence; (c) whether it is for loss, costs or expenses for which another claim has been filed; (d) whether the Administrator has reasonable grounds to believe that the claimant did not take reasonable measures to mitigate the loss for which the claim has been filed; (e) whether the claimant’s loss has been mitigated; and (f) whether the conditions imposed on the claimant under subsection 105(1.2), if any, have been met. 2023, c. 26, s. 336
Marine Liability Act — M-0.7 106.04
Result of investigation and reassessment 106.04 (1) As soon as feasible after completing the investigation and reassessment, the Administrator must give the claimant notice that (a) the Administrator will take no further action in respect of whatever portion of the claim was the subject of the investigation and reassessment; (b) the claimant is required to pay to the Administrator the overpayment set out in the notice, in the manner and within the period set out in the notice; or (c) an additional payment, equal to the amount of the loss, costs or expenses suffered or incurred by the claimant minus the sum of any amounts already paid to the claimant, is to be made to the claimant without delay out of the Ship-source Oil Pollution Fund. Appeal to Admiralty Court (2) A claimant may, within 60 days after receiving a notice under paragraph (1)(b), appeal to the Admiralty Court the requirement to pay the overpayment set out in the notice. 2023, c. 26, s. 336
Marine Liability Act — M-0.7 106.05
Debts due to His Majesty 106.05 All amounts payable under subsection 106.02(3) and overpayments payable under paragraph 106.04(1)(b) constitute debts due to His Majesty in right of Canada that may be recovered in a court of competent jurisdiction from the person who is required to pay them. 2023, c. 26, s. 336
Marine Liability Act — M-0.7 106.1
Expedited claims — small amounts 106.1 (1) A person may file a claim with the Administrator under this section if the claim meets the following conditions: (a) the claim is for loss, damage, costs or expenses referred to in subsection 103(1) — other than economic loss referred to in that subsection — or (1.1) suffered or incurred by the claimant; (b) the claim is the first one that the claimant has filed in respect of a given occurrence for loss, damage, costs or expenses referred to in paragraph (a) and does not exceed $35,000 or, if any other amount is fixed by regulations made under paragraph 106.8(b), that amount; and (c) the claim did not result, wholly or partially, from an act done or omitted to be done by the claimant with intent to cause damage or from the claimant’s negligence. Contents of claim (2) The claim must set out (a) a description of the occurrence that gives rise to the claim, as well as of the loss or damage suffered, or costs or expenses incurred, by the claimant that the claim is for; (b) the amount claimed for the loss, damage, costs and expenses; (c) the claimant’s attestation to (i) the truth of the facts set out in the claim, (ii) their having no reason to believe that the occurrence was not caused by a ship, (iii) their ability to provide the Administrator, on request, with supporting documents in respect of the loss, damage, costs or expenses, and (iv) any other information prescribed by the regulations; and (d) any other information prescribed by the regulations. Significant incident — increased claim limit (3) If, in the Administrator’s opinion, a discharge of oil from a ship constitutes a significant incident, the Administrator may, by order, specify that the amount set out in paragraph (1)(b) for a claim in respect of that significant incident is $50,000 or, if any other amount is fixed by regulations made under paragraph 106.8(d), that amount. If the Administrator makes the order, then he or she shall ensure that a notice to that effect is made available to the public. Limitation or prescription period (4) A claim under subsection (1) must be made (a) if oil pollution damage occurs, within one year after the day of the occurrence that causes that damage; or (b) if no oil pollution damage occurs, within one year after the occurrence in respect of which oil pollution damage is anticipated. Multiple occurrences (5) For the purposes of subsection (4), if an incident as a result of which oil pollution damage occurs or in respect of which oil pollution damage is anticipated consists of a series of occurrences, the one-year period referred to in that subsection is the year after the day of the first occurrence in that series. Exception (6) Subsection (1) does not apply to a response organization referred to in paragraph 51(1)(a), 71(1)(a) or 77(1)(b) or to a person in a state other than Canada. 2018, c. 27, s. 725 2023, c. 26, s. 337(E)
Marine Liability Act — M-0.7 106.2
Liability — exception 106.2 Section 106.1 does not apply in respect of actual or anticipated oil pollution damage on or in any place referred to in paragraph 104(a) or (b). 2018, c. 27, s. 725
Marine Liability Act — M-0.7 106.3
Administrator’s duties 106.3 (1) Within 60 days beginning on the day of receipt of a claim under subsection 106.1(1), the Administrator shall assess the claim. Disallowance of claim (2) If the Administrator has reason to suspect that the claim does not meet one or more of the conditions set out in subsection 106.1(1) or does not comply with subsection 106.1(2), the Administrator shall, within the 60-day period, disallow the claim and notify the claimant of its disallowance in writing. Disallowed claim — other rights unaffected (3) The disallowance of a claim under subsection (2) does not prevent the claimant from exercising their rights under this Act — other than under section 106.1 — in respect of the loss, damage, costs and expenses for which the disallowed claim was filed. Payment of claim (4) If the Administrator does not have reason to suspect that the claim does not meet one or more of the conditions set out in subsection 106.1(1) or does not comply with subsection 106.1(2), the Administrator shall, within the period referred to in subsection (1), direct payment to be made to the claimant of the amount of the claim out of the Ship-source Oil Pollution Fund. Subrogation (5) Once the Administrator directs the payment to be made, (a) the claimant is precluded from pursuing any rights — except for economic loss referred to in subsection 103(1) — that they may have had against the Ship-source Oil Pollution Fund or any person in respect of matters referred to in sections 51, 71 and 77, subsections 101(1.1) and 103(1.1), Article III of the Civil Liability Convention and Article 3 of the Bunkers Convention in relation to the occurrence to which the payment relates; and (b) the Administrator is, to the extent of the payment to the claimant, subrogated to any of the claimant’s rights for any part of that payment that may be recovered from the owner of the ship, the International Fund, the Supplementary Fund or any other person liable. Recovery of amount of payment (6) If the Administrator directs a payment to be made under subsection (4), he or she shall take all reasonable measures to recover the part of the payment referred to in paragraph (5)(b) and, for that purpose, may, among other things, commence an action in the Administrator’s or the claimant’s name, commence a claim against the fund of the owner of a ship established under the Civil Liability Convention and enforce any security provided to or enforceable by the claimant. 2018, c. 27, s. 725
Marine Liability Act — M-0.7 106.4
Supporting documents 106.4 (1) If the Administrator directs a payment to be made to a claimant under subsection 106.3(4), the Administrator may, within three years after the day of the occurrence in respect of which the payment was directed to be made, request the claimant to provide the Administrator with the supporting documents referred to in subparagraph 106.1(2)(c)(iii). Period (2) If the Administrator requests supporting documents under subsection (1), the claimant must provide them to the Administrator within 30 days beginning on the day on which the claimant receives the request or within any longer period agreed to by the Administrator and the claimant. Failure to provide supporting documents (3) If the claimant does not provide the Administrator with the supporting documents within the applicable period, the Administrator may give the claimant a notice that they are required to repay to the Administrator the amount of the payment made to them under subsection 106.3(4), in the manner and within the period set out in the notice. 2018, c. 27, s. 725
Marine Liability Act — M-0.7 106.5
Post-payment investigation and reassessment 106.5 (1) The Administrator may, within three years after the day of the occurrence in respect of which the claim was made, investigate and reassess any claim for which a payment was made under subsection 106.3(4). Administrator’s powers (2) For the purpose of investigating and reassessing a claim, the Administrator has the powers of a commissioner under Part I of the Inquiries Act . Factors to be considered (3) When investigating and reassessing a claim, the Administrator may consider only whether the claim meets the conditions set out in subsection 106.1(1). 2018, c. 27, s. 725
Marine Liability Act — M-0.7 106.6
Result of investigation and reassessment 106.6 (1) As soon as feasible after completing the investigation and reassessment, the Administrator shall give the claimant notice that (a) the Administrator will take no further action in respect of the claimant’s claim; or (b) the claimant is required to pay to the Administrator the overpayment set out in the notice, in the manner and within the period set out in the notice. Overpayments (2) The following amounts paid under subsection 106.3(4) constitute an overpayment to the claimant: (a) an amount paid in respect of a claim that the Administrator is satisfied was not for loss, damage, costs or expenses referred to in paragraph 106.1(1)(a); (b) an amount that was paid in respect of a claim that the Administrator is satisfied was not the first one that the claimant has filed in respect of a given occurrence for loss, damage, costs or expenses referred to in that paragraph; (c) an amount that was paid in respect of a claim that the Administrator is satisfied resulted from an act done or omitted to be done by the claimant with intent to cause damage or from the claimant’s negligence; and (d) an amount that was paid in respect of a claim, if the Administrator is satisfied on the evidence that the occurrence that gave rise to the claim was not caused by a ship. Overpayments — limitation or prescription period exceeded (3) The Administrator may, in his or her discretion, determine that an amount paid under subsection 106.3(4) constitutes an overpayment to the claimant if the Administrator is satisfied that the amount was paid in respect of a claim that was not filed within the period set out in subsection 106.1(4). Appeal to Admiralty Court (4) A claimant may, within 60 days after receiving a notice under paragraph (1)(b), appeal to the Admiralty Court the requirement to pay the overpayment set out in the notice referred to in that paragraph. 2018, c. 27, s. 725
Marine Liability Act — M-0.7 106.7
Debts due to Her Majesty 106.7 Unless the claimant under subsection 106.1(1) is a minister of the Crown in right of Canada, all amounts and overpayments payable under subsection 106.4(3) or paragraph 106.6(1)(b), respectively, constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction from the person who is required to pay them. 2018, c. 27, s. 725
Marine Liability Act — M-0.7 106.8
Regulations 106.8 The Governor in Council may make regulations (a) respecting claims filed under subsection 106.1(1); (b) fixing an amount for the purposes of paragraph 106.1(1)(b); (c) prescribing information for the purposes of subparagraph 106.1(2)(c)(iv) or paragraph 106.1(2)(d); and (d) fixing an amount for the purposes of subsection 106.1(3). 2018, c. 27, s. 725
Marine Liability Act — M-0.7 106.9
Definitions 106.9 In sections 106.1 to 106.6, incident and occurrence have the meaning assigned by the definition incident in Article I of the Civil Liability Convention. 2018, c. 27, s. 725
Marine Liability Act — M-0.7 109
Proceedings against owner of ship 109 (1) If a claimant commences proceedings against the owner of a ship or the owner’s guarantor in respect of a matter referred to in section 51 , 71 or 77 , Article III of the Civil Liability Convention or Article 3 of the Bunkers Convention, except in the case of proceedings based on paragraph 77 (1)(c) commenced by the Minister of Fisheries and Oceans in respect of a pollutant other than oil, (a) the document commencing the proceedings shall be served on the Administrator by delivering a copy of it personally to him or her, or by leaving a copy at his or her last known address, and the Administrator is then a party to the proceedings; and (b) the Administrator shall appear and take any action, including being a party to a settlement either before or after judgment, that he or she considers appropriate for the proper administration of the Ship-source Oil Pollution Fund. If Administrator party to settlement (2) If the Administrator is a party to a settlement under paragraph (1)(b), he or she shall direct payment to be made to the claimant of the amount that the Administrator has agreed to pay under the settlement. 2001, c. 6, s. 109; 2009, c. 21, s. 11
Marine Liability Act — M-0.7 110
Request by Minister of Fisheries and Oceans for funds — $10 million 110 (1) If, in the opinion of the Minister of Fisheries and Oceans, emergency funds are necessary to respond to a significant incident involving the discharge of oil from a ship, the Minister of Transport may, after consultation with the Administrator, direct the amount of funds requested by the Minister of Fisheries and Oceans, or a lesser amount, to be charged to the Ship-source Oil Pollution Fund to enable the Minister of Fisheries and Oceans to respond to the significant incident, to a maximum of $10 million per fiscal year. Additional funds — $50 million (2) If the maximum amount has been charged to the Ship-source Oil Pollution Fund under subsection (1) and, in the opinion of the Minister of Fisheries and Oceans, additional emergency funds are necessary to respond to a significant incident in that fiscal year involving the discharge of oil from a ship, the Governor in Council may, on the recommendation of the Minister of Transport made after consultation with the Administrator, issue an order in council directing the additional funds requested by the Minister of Fisheries and Oceans, or a lesser amount, to be charged to the Ship-source Oil Pollution Fund to enable the Minister of Fisheries and Oceans to respond to the significant incident, to a maximum of $50 million per fiscal year. Exclusions (3) For greater certainty, the Minister of Fisheries and Oceans may not request emergency funds under subsection (1) or (2) for (a) measures taken or to be taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001 in respect only of a discharge of oil by a small vessel that is dilapidated or abandoned; or (b) the carrying out by that Minister of only minor monitoring of measures under paragraph 180(1)(b) of that Act. Use of emergency funds (4) The Minister of Fisheries and Oceans may use emergency funds only to respond to a significant incident involving the discharge of oil from a ship, including paying third parties. For greater certainty, that Minister may not use such funds for any (a) measures taken or to be taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001 in respect only of a discharge of oil by a small vessel that is dilapidated or abandoned; or (b) measures referred to in subsection 101(1.1). 2001, c. 6, s. 110; 2009, c. 21, s. 11; 2018, c. 27, s. 727
Marine Liability Act — M-0.7 111
Reimbursement of amount of emergency funds 111 (1) If emergency funds are charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2), the amount of the emergency funds shall be credited to the Ship-source Oil Pollution Fund, out of appropriations for the Department of Fisheries and Oceans under an appropriation Act, within two years after the day on which the oil pollution damage resulting from the significant incident occurs or within any longer period agreed to by the Administrator and the Minister of Fisheries and Oceans. Rights unaffected (2) Nothing in subsection (1) affects the rights of the Minister of Fisheries and Oceans under sections 51, 71, 77 and 101, Article III of the Civil Liability Convention and Article 3 of the Bunkers Convention with respect to loss and damage suffered, and costs and expenses incurred, in respect of the significant incident. 2001, c. 6, s. 111; 2009, c. 21, s. 11; 2018, c. 27, s. 727