GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Liability Act — M-0.7 111.1
Claim under section 103 111.1 (1) If the Minister of Fisheries and Oceans files a claim with the Administrator under section 103 for loss and damage suffered, and costs and expenses incurred, in respect of the significant incident for which emergency funds were charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2), then, despite subsection 111(1), it is only any portion of the emergency funds that is unused at the time of the filing of the claim that is to be credited to the Ship-source Oil Pollution Fund 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. Offer of compensation less than zero (2) If the offer of compensation made by the Administrator to the Minister of Fisheries and Oceans under paragraph 105(1)(a) is less than zero, then, unless that Minister appeals the offer under subsection 106(2), an amount equal to the amount of the offer is to be credited to the Ship-source Oil Pollution Fund, out of appropriations for the Department of Fisheries and Oceans under an appropriation Act, within six months after the day on which that Minister receives the offer or within any longer period agreed to by the Administrator and that Minister. Offer of compensation refused (3) If the Minister of Fisheries and Oceans refuses the offer of compensation made under paragraph 105(1)(a), then, as soon as feasible after that Minister refuses the offer, an amount equal to the amount of the emergency funds charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2) is to be credited to the Ship-source Oil Pollution Fund, out of appropriations for the Department of Fisheries and Oceans under an appropriation Act, less any unused portion of the emergency funds credited to the Ship-source Oil Pollution Fund under subsection (1). Definition of offer of compensation (4) If emergency funds are charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2), then, for the purposes of sections 105, 106 and this section, offer of compensation means, with respect to the Minister of Fisheries and Oceans, the amount determined in accordance with the formula A – (B – C) where A is the portion of the claim that the Administrator finds to be established under subsection 105(1); B is the amount of emergency funds charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2); and C is the amount of any unused portion of emergency funds credited to the Ship-source Oil Pollution Fund under subsection (1). 2018, c. 27, s. 727 2023, c. 26, s. 339
Marine Liability Act — M-0.7 111.2
Interest 111.2 Interest accrues, at a rate determined in accordance with regulations made under paragraph 155.1(6)(a) of the Financial Administration Act , beginning on the day on which the emergency funds were charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2), on any portion of those funds that are required to be credited to the Ship-source Oil Pollution Fund under subsection 111(1) or 111.1(1) or (2) and have not been so credited within the time within which they are required to be so credited under that subsection. 2018, c. 27, s. 727
Marine Liability Act — M-0.7 111.3
Reports 111.3 On request by the Minister of Transport, the Minister of Fisheries and Oceans shall provide the Minister of Transport and the Administrator with information about costs and expenses incurred with emergency funds charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2). 2018, c. 27, s. 727
Marine Liability Act — M-0.7 112
Definitions 112 The definitions in this section apply in sections 113, 114.1, 117.1 and 117.3. contributing oil has the same meaning as in paragraph 3 of Article 1 of the Fund Convention. ( hydrocarbures donnant lieu à contribution ) non-persistent oil means the oils that are referred to in paragraph 1(a)(ii) of Article 19 of the Hazardous and Noxious Substances Convention. ( hydrocarbures non persistants ) 2001, c. 6, s. 112; 2009, c. 21, s. 11; 2018, c. 27, s. 728
Marine Liability Act — M-0.7
contributing oil has the same meaning as in paragraph 3 of Article 1 of the Fund Convention. ( hydrocarbures donnant lieu à contribution )
Marine Liability Act — M-0.7
non-persistent oil means the oils that are referred to in paragraph 1(a)(ii) of Article 19 of the Hazardous and Noxious Substances Convention. ( hydrocarbures non persistants )
Marine Liability Act — M-0.7 113
Amount of levy 113 (1) The levy is 52.38 cents in the year ending on March 31, 2019 in respect of each metric ton of contributing oil or non-persistent oil received or exported, as the case may be, in bulk as cargo. Annual adjustment of levy (2) The levy referred to in subsection (1) shall be adjusted annually so that the levy in any following year is an amount equal to the product obtained by multiplying (a) the levy that would have been payable in that following year if no adjustment had been made under this section with respect to that following year by (b) the ratio that the Consumer Price Index, excluding the food and energy components, for the 12-month period ending on December 31 next before that following year bears to the Consumer Price Index, excluding the food and energy components, for the 12-month period next before that 12-month period. Consumer Price Index (3) For the purpose of this section, (a) a reference to the “Consumer Price Index, excluding the food and energy components,” for any 12-month period means the average of the Consumer Price Index for Canada, excluding the food and energy components, as published by Statistics Canada under the authority of the Statistics Act , for each month in that 12-month period; (b) the Governor in Council may, on the recommendation of the Minister, make regulations prescribing the manner in which the average of the Consumer Price Index, excluding the food and energy components, for any 12-month period is to be determined and the manner of expressing any such average that is determined to be a fraction of a whole number; (c) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , is adjusted to reflect a new time basis, a corresponding adjustment shall be made in the Consumer Price Index, excluding the food and energy components, for any 12-month period that is used for the purpose of calculating the levy under this section; and (d) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , is modified to reflect a new content basis, that modification does not affect the operation of this section. Adjusted levy to be published annually (4) The Minister shall cause the levy referred to in subsection (1) to be published in the Canada Gazette each year as soon as it is adjusted in accordance with this section, and the levy so published is admissible in any proceeding under this Act as conclusive proof of the levy for the year in question. 2001, c. 6, s. 113; 2009, c. 21, s. 11; 2018, c. 27, s. 729
Marine Liability Act — M-0.7 114
Imposition and discontinuation of levy 114 (1) The Minister, after consultation with the Minister of Fisheries and Oceans, may, by order, impose, discontinue or re-impose the levy referred to in section 113, indefinitely or until a time specified in the order. Contents of order (1.1) An order imposing or re-imposing the levy shall set out (a) the day by which an amount equal to the amount of the levy is to be paid in the year in which the levy is imposed or re-imposed; and (b) in respect of each subsequent year — if any — for which the levy is imposed or re-imposed, a reference date for the purposes of the levy in that year. Reference date (1.2) In any year referred to in paragraph (1.1)(b), the day by which an amount equal to the amount of the levy is to be paid is the 60th day after the reference date, or any other day after the reference date that is specified in the order imposing or re-imposing the levy. Annual adjustment of levy unaffected (2) The discontinuation of the levy under subsection (1) does not affect the operation of section 113 . 2001, c. 6, s. 114; 2009, c. 21, s. 11; 2018, c. 27, s. 730
Marine Liability Act — M-0.7 114.2
Additional levy 114.2 (1) If an amount is charged to the Consolidated Revenue Fund under section 93.1, the Minister may, by order, impose an additional levy — whether or not he or she has made an order under subsection 114(1) imposing or re-imposing a levy — that the Minister specifies in the order on every person referred to in paragraphs 114.1(2)(a) to (d), in which case each of those persons shall pay to the Receiver General, in accordance with the order, an amount equal to the amount of the additional levy. Revocation (2) If such an order is made, the Minister shall revoke it as soon as feasible after an amount equal to the amount charged to the Consolidated Revenue Fund under section 93.1 has been credited to the Consolidated Revenue Fund out of amounts standing to the credit of the Ship-source Oil Pollution Fund and the Minister is satisfied that the terms and conditions in relation to the charging of that amount under that section have been met. 2018, c. 27, s. 731
Marine Liability Act — M-0.7 115
Debt due to Her Majesty 115 All amounts payable under sections 114.1 and 114.2 are debts due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction from the person who is required to pay them. 2001, c. 6, s. 115; 2009, c. 21, s. 11; 2018, c. 27, s. 732
Marine Liability Act — M-0.7 116
Claimants entitled to interest 116 (1) Interest accrues on a claim under this Part against an owner of a ship, the owner’s guarantor, the Ship-source Oil Pollution Fund, the International Fund or the Supplementary Fund at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act as are in effect from time to time. Time from which interest accrues (2) Interest accrues on a claim under this Part (a) if the claim is based on paragraph 77 (1)(a) or on Article III of the Civil Liability Convention or Article 3 of the Bunkers Convention, from the day on which the oil pollution damage occurs; or (b) if the claim is based on subsection 51(1) or 71(1) or paragraph 77(1)(b) or (c), or on Article III of the Civil Liability Convention or Article 3 of the Bunkers Convention as they pertain to preventive measures, (i) in the case of costs and expenses, from the day on which they are incurred, or (ii) in the case of loss or damage, from the day on which the loss or damage occurs. (c) [Repealed, 2023, c. 26, s. 340] 2001, c. 6, s. 116; 2009, c. 21, s. 11 2023, c. 26, s. 340
Marine Liability Act — M-0.7 117
Payments by Canada to International Fund and Supplementary Fund 117 (1) The Administrator shall direct payments to be made out of the Ship-source Oil Pollution Fund to the International Fund in accordance with Articles 10, 12 and 13 of the Fund Convention and to the Supplementary Fund in accordance with Articles 10 to 13 of the Supplementary Fund Protocol. (1.1) to (7) [Repealed, 2018, c. 27, s. 733] 2001, c. 6, s. 117; 2009, c. 21, s. 11; 2014, c. 29, s. 50; 2018, c. 27, s. 733
Marine Liability Act — M-0.7 117.1
Information returns — receivers 117.1 (1) The following persons shall file with the Minister or the Administrator, in accordance with the regulations, information returns in respect of the oil in question: (a) every person who is referred to in Article 10 of the Fund Convention; and (b) every person who is a receiver and receives non-persistent oil in a calendar year in a quantity that is greater than that prescribed by regulations made under paragraph (4)(b). Information returns — exporters (1.1) The following persons shall file with the Administrator, in accordance with the regulations, information returns in respect of the oil in question: (a) every person who exports, in a calendar year, contributing oil in bulk as cargo in a quantity that is greater than that prescribed by regulations made under paragraph (4)(c); and (b) every person who exports, in a calendar year, non-persistent oil in bulk as cargo in a quantity that is greater than that prescribed by regulations made under paragraph (4)(d). Definition of person (2) In subsections (1) and (1.1), person includes two or more persons who are associated persons. Definition of associated persons (3) In subsection (2), associated persons means (a) persons who are deemed to be associated persons under section 60, in the case of persons who are referred to in Article 10 of the Fund Convention; (b) persons who are deemed to be associated persons under section 74.3, in the case of persons who are receivers; and (c) persons each of whom is an affiliate of the other as defined in section 2 of the Canada Business Corporations Act , in the case of persons who export. Regulations (4) The Governor in Council may make regulations (a) respecting, for the purposes of subsections (1) and (1.1), information returns; (b) respecting, for the purposes of paragraph (1)(b), a quantity of non-persistent oil; (c) respecting, for the purposes of paragraph (1.1)(a), a quantity of contributing oil; and (d) respecting, for the purposes of paragraph (1.1)(b), a quantity of non-persistent oil. 2018, c. 27, s. 734
Marine Liability Act — M-0.7 117.2
Communication of information 117.2 (1) The Administrator shall, (a) in accordance with Article 15 of the Fund Convention, communicate the information referred to in that Article to the Minister and the Director of the International Fund; and (b) in accordance with Article 13 of the Supplementary Fund Protocol, communicate the information referred to in that Article to the Minister and the Director of the Supplementary Fund. Communication to Minister (2) The Administrator shall communicate to the Minister the information referred to in subsection 74.4(4) that relates to oils described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention and that is necessary to enable the Minister to discharge his or her obligation under that subsection. Communication to Minister and Director of HNS Fund (3) The Administrator shall, in accordance with Article 21 of the Hazardous and Noxious Substances Convention, communicate to the Minister and the Director of the HNS Fund the information referred to in that Article that relates to oils described in paragraph 5(a)(i) of Article 1 of that Convention. Administrator’s liability (4) The Administrator is liable for any financial loss to the International Fund or the Supplementary Fund, as the case may be, as a result of a failure to communicate the information. 2018, c. 27, s. 734
Marine Liability Act — M-0.7 117.3
Administrator’s powers 117.3 (1) The Administrator may, (a) for the purposes of subsection 117.1(1) or 117.2(1), (2) or (3), at any reasonable time, enter a place in which he or she has reasonable grounds to believe there are any records, books of account, accounts, vouchers or other documents relating to information referred to in Article 15 of the Fund Convention, Article 13 of the Supplementary Fund Protocol or Article 21 or 45 of the Hazardous and Noxious Substances Convention, as the case may be; (a.1) for the purposes of subsection 117.1(1.1), at any reasonable time, enter a place in which he or she has reasonable grounds to believe there are any records, books of account, accounts, vouchers or other documents relating to the export of contributing oil or non-persistent oil in bulk as cargo; (b) for the purposes of subsection 117.1(1) or (1.1) or 117.2(1), (2) or (3), examine anything at the place and copy or take away for further examination or copying any record, book of account, account, voucher or other document that he or she has reasonable grounds to believe contains any such information; and (c) for the purposes of subsection 117.1(1) or (1.1) or 117.2(1), (2) or (3), require the owner, occupier or person in charge of the place to give the Administrator all reasonable assistance in connection with the examination and to answer all proper questions relating to the examination and, for that purpose, require the owner, occupier or person in charge to attend at the place with the Administrator. No obstruction or false statements (2) No person shall knowingly obstruct or hinder the Administrator in the exercise of any powers under subsection (1) or knowingly make a false or misleading statement, either orally or in writing, to the Administrator while he or she is exercising those powers. Warrant required to enter dwelling place (3) A dwelling place may not be entered under subsection (1) unless it is entered with the occupant’s consent or under the authority of a warrant issued under subsection (4). Authority to issue warrant (4) On ex parte application, a justice , as defined in section 2 of the Criminal Code , may issue a warrant authorizing the Administrator to enter a dwelling place, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling place is a place referred to in paragraph (1)(a) or (a.1); (b) entry to the dwelling place is necessary for the purposes of subsection 117.1(1) or (1.1) or 117.2(1), (2) or (3); and (c) entry to the dwelling place has been refused or there are reasonable grounds to believe that it will be refused. 2018, c. 27, s. 734
Marine Liability Act — M-0.7 118
Records — filers of information returns 118 (1) Every person who is required to file information returns under subsection 117.1(1) or (1.1) shall keep at their place of business in Canada, or at any other place in Canada that is designated by the Minister, in relation to the oil that they are required to file information returns in respect of, records that (a) set out the type and quantity of the oil received or exported, as the case may be; and (b) contain any other information or documents that the Minister directs them to provide under section 118.1. Records and books of account — payers of levy (1.1) Every person referred to in subsection (1) who is required to pay an amount under section 114.1 or 114.2 shall keep at their place of business in Canada, or at any other place in Canada that is designated by the Minister, records and books of account that set out, in addition to the information referred to in subsection (1), (a) the amounts that are payable by that person under section 114.1 or 114.2 in respect of the types and quantities of oil referred to in subsection (1); and (b) proof of payment for each payment made with respect to an amount referred to in paragraph (a), including the date of each payment made. Disposal of records (2) Every person who is required by this section to keep records or books of account shall, unless otherwise authorized by the Minister, retain those records or books of account, and every account or voucher necessary to verify the information contained in them, until the expiry of six years after the end of the year to which the records or books of account relate. Examination of records (3) Every person who is required by this section to keep records or books of account shall, at all reasonable times, make the records or books of account, and every account or voucher necessary to verify the information contained in them, available to any person designated in writing by the Minister and give that person every facility necessary to examine them. 2001, c. 6, s. 118; 2009, c. 21, s. 11; 2018, c. 27, s. 735
Marine Liability Act — M-0.7 118.1
Power to require information 118.1 If the Minister directs that a person referred to in subsection 118(1) provide, in the specified form and within the specified period, information or documents that the Minister considers necessary for the purposes of ensuring compliance with this Part, the person shall provide that information in that form and within that period. 2018, c. 27, s. 736
Marine Liability Act — M-0.7 120
Books of account and systems 120 (1) The Administrator shall cause (a) records and books of account to be kept in relation to the Ship-source Oil Pollution Fund; and (b) control and information systems and management practices, in respect of financial and management matters, to be maintained in relation to the Ship-source Oil Pollution Fund. Administrator’s responsibilities (2) The Administrator shall cause the books, records, systems and practices to be kept or maintained, as the case may be, in a manner that provides reasonable assurance that (a) the Administrator’s and Deputy Administrator’s powers, duties and functions under this Part are exercised and performed effectively and in accordance with this Part; (b) the assets used by them are safeguarded and controlled; and (c) the financial, human and physical resources used by them are managed economically and efficiently. 2001, c. 6, s. 120; 2009, c. 21, s. 11; 2018, c. 27, s. 738
Marine Liability Act — M-0.7 121
Annual report 121 (1) The Administrator shall as soon as feasible, but in any case within three months after the end of each fiscal year, submit an annual report, in any form that the Minister directs, on the Administrator’s activities in that year to the Minister, who shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it. Form and content (2) The annual report must include (a) a statement of the amounts charged and credited to the Ship-source Oil Pollution Fund during the fiscal year; (a.1) a statement of the costs and expenses incurred during the fiscal year by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Part; (a.2) a statement of the fees for services rendered by the Administrator and the Deputy Administrator during the fiscal year; (b) the auditor’s report with respect to the statements referred to in paragraphs (a) to (a.2); and (c) the costs of preparing the auditor’s report. 2001, c. 6, s. 121; 2009, c. 21, s. 11; 2018, c. 27, s. 739
Marine Liability Act — M-0.7 122
Special examination 122 (1) The Administrator shall cause a special examination to be carried out in respect of the Ship-source Oil Pollution Fund to determine if the Fund’s systems and practices referred to in paragraph 120(1)(b) were, in the period under examination, maintained in a manner that provided reasonable assurance that they met the requirements of paragraphs 120(2)(b) and (c). Time for examination (2) A special examination shall be carried out at least once every five years by the Administrator and at any additional times that the Governor in Council or Minister may require. Examiner (3) The Administrator shall appoint a person to act as examiner for the purpose of conducting a special examination. However, if a special examination is required by the Governor in Council or the Minister, the Governor in Council or the Minister, as the case may be, shall make the appointment. Conflict of interest (4) The examiner shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their duties and functions under this section and section 123. Plan (5) Before an examiner begins a special examination, they shall survey the systems and practices of the Ship-source Oil Pollution Fund to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the Minister and the Administrator. Resolution of disagreements (6) Any disagreement between the examiner and the Administrator with respect to the plan shall be resolved by the Minister. 2001, c. 6, s. 122; 2009, c. 21, s. 11; 2018, c. 27, s. 740