Application to Court for Directions

Marginal note:Administrator may apply to Court for directions

92. If the Admiralty Court, on the application of the Administrator and on notice to other interested parties as that Court considers just in the circumstances, is satisfied that, in respect of a particular occurrence, the aggregate liability of the Ship-source Oil Pollution Fund under sections 84, 86 and 88 and subsection 90(2) may exceed its limit of liability under section 91, that Court may

• (a) order the exclusion of any claimants who do not file their claims with the Administrator within the time that that Court directs; and

• (b) order that payment out of the Ship-source Oil Pollution Fund of established claims be prorated or postponed, or any combination of prorating and postponement.

Payments into the Ship-source Oil Pollution Fund

Definition of “oil”

• 93. (1) In this section and sections 94 to 99, “oil” means “Contributing Oil” as defined in paragraph 3 of Article 1 of the Fund Convention.

• Marginal note:Levy on shipments of oil in bulk

  (2) If imposed or re-imposed by the Minister under subsection 95(1), there shall be paid to the Receiver General a levy determined in accordance with section 94

  • (a) in respect of each metric ton of oil in excess of 300 metric tons imported by ship into Canada in bulk as cargo; and

  • (b) in respect of each metric ton of oil in excess of 300 metric tons shipped by ship from any place in Canada in bulk as cargo.

• Marginal note:When payable

  (3) Amounts payable under subsection (2) shall be paid, or security for payment of those amounts in an amount and form satisfactory to the Minister shall be given,

  • (a) in the case of oil imported by ship into Canada in bulk as cargo, before the oil is unloaded from the ship; and

  • (b) in the case of oil shipped from a place in Canada in bulk as cargo of a ship, before the ship leaves the facility where the oil is loaded on board the ship.

• Marginal note:Debts due to Her Majesty

  (4) All amounts payable under subsection (2) and any interest payable on those amounts are debts due to Her Majesty in right of Canada and recoverable in any court of competent jurisdiction from

  • (a) in the case of oil imported by ship into Canada in bulk as cargo, the owner, consignee or shipper of the oil; and

  • (b) in the case of oil shipped from a place in Canada in bulk as cargo of a ship, the owner, consignor or shipper of the oil.

Marginal note:Amount of levy in first year

• 94. (1) The levy referred to in subsection 93(2) is 30 cents in the year ending on March 31, 1990.

• Marginal note:Annual adjustment of levy

  (2) The levy of 30 cents 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.

• Marginal note: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.

• Marginal note:Adjusted levy to be published annually

  (4) The Minister shall cause the levy referred to in section 93, adjusted in accordance with this section, to be published in the Canada Gazette each year as soon as it is available, and the levy so published is admissible in any proceeding under this Part as conclusive proof of the levy for the year in question.

Marginal note:Discontinuation or re-imposition of levy

• 95. (1) The Minister, after consultation with the Minister of Fisheries and Oceans and the Minister of the Environment, may from time to time, by order, impose, discontinue or re-impose the levy referred to in section 93.

• Marginal note:Annual adjustment of levy unaffected

  (2) The non-imposition, discontinuation or re-imposition of the levy under subsection (1) does not affect the operation of section 94.

Marginal note:Regulations

96. The Governor in Council may, on the recommendation of the Minister, make regulations

• (a) prescribing the manner in which the levy payable under section 93 is to be paid;

• (b) providing for the filing with the Minister of information returns by the persons referred to in subsection 93(4) from whom the levy may be recovered; and

• (c) providing for the filing with the Minister of information returns necessary to enable the Administrator to discharge the Administrator’s obligations under section 76.

Marginal note:Records and books

• 97. (1) Every person referred to in subsection 93(4) from whom the levy payable under section 93 may be recovered shall keep records and books of account at their place of business in Canada, or at any other place in Canada that may be designated by the Minister, that set out

  • (a) the amounts that are payable by that person under that section;

  • (b) the type and quantity of the oil in respect of which the amounts referred to in paragraph (a) are payable;

  • (c) the time when and place where the amounts referred to in paragraph (a) were paid or security for their payment was given in accordance with subsection 93(3); and

  • (d) any other information that the Minister may require to determine the amounts referred to in paragraph (a) and the time when they become payable.

• Marginal note:Disposal of records

  (2) Every person who is required by this section to keep records and books of account shall, unless otherwise authorized by the Minister, retain every such record and book of account and every account or voucher necessary to verify the information contained in the record or book of account until the expiry of six years from the end of the year to which the record or book of account relates.

• Marginal note:Examination of records

  (3) Every person who is required by this section to keep records and books of account shall, at all reasonable times, make the records and 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 the records, books of account, accounts and vouchers.

Marginal note:Inspection of premises

• 98. (1) Any person designated in writing by the Minister for the purpose may, at any reasonable time, enter any premises where the person believes on reasonable grounds that there are any records, books of account, accounts, vouchers or other documents relating to amounts payable under section 93 and

  • (a) examine anything on the premises and copy or take away for further examination or copying any record, book of account, account, voucher or other document that they believe, on reasonable grounds, contains any information relevant to the enforcement of this Part; and

  • (b) require the owner, occupier or person in charge of the premises to give the person all reasonable assistance in connection with the examination under paragraph (a) and to answer all proper questions relating to the examination and, for that purpose, require the owner, occupier or person in charge of the premises to attend at those premises with the person.

• Marginal note:Warrant to enter living quarters

  (2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (3).

• Marginal note:Authority to issue warrant

  (3) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing a person designated under subsection (1) to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

  • (a) is necessary for the purpose of subsection (1); and

  • (b) has been refused or there are reasonable grounds to believe that it will be refused.

• Marginal note:Certificate of designation

  (4) Persons designated by the Minister under subsection (1) shall be furnished with a certificate of their designation and, on entering any premises referred to in that subsection, shall produce the certificate on request to the owner, occupier or person in charge of the premises.

• Marginal note:Report to Minister

  (5) On the conclusion of an examination under this section, the person conducting the examination shall transmit a full report of their findings to the Minister.

• Marginal note:Return of original or copy of documents

  (6) The original or a copy of any record, book of account, account, voucher or other document taken away under paragraph (1)(a) shall be returned to the person from whose custody it was taken within 21 days after it was taken or within any longer period that is directed by a judge of a superior court for cause or agreed to by a person who is entitled to its return.

• Marginal note:Notice of application for extension of time

  (7) An application to a judge mentioned in subsection (6) for a direction under that subsection may only be made on notice to the person from whose custody the record, book of account, account, voucher or other document was taken.

• Marginal note:Copies of documents

  (8) A document purporting to be certified by the Minister to be a copy of a record, book of account, account, voucher or other document made under paragraph (1)(a) is admissible in evidence in any prosecution for an offence under this Part and is, in the absence of evidence to the contrary, proof of its contents.

• Marginal note:Obstruction, false statements

  (9) No person shall obstruct or hinder anyone engaged in carrying out their duties and functions under this section, or knowingly make a false or misleading statement, either orally or in writing, to any person so engaged.

Marginal note:Interest on unpaid amounts

99. If any portion of a levy is not paid as provided in subsection 93(3), interest may be charged on the amount from time to time outstanding, at a rate fixed by the Governor in Council on the recommendation of the Minister of Finance, calculated from the time when the oil is unloaded from the ship or when the ship on which the oil was loaded leaves the facility at which it was loaded, as the case may be.

Annual Report

Marginal note:Annual report of Administrator

• 100. (1) The Administrator shall, as soon as feasible after the end of each fiscal year, submit a report to the Minister, in any form that the Minister may direct, of the Administrator’s operations under this Part for that fiscal year.

• Marginal note:Tabling

  (2) The Minister shall have the report laid before each House of Parliament on any of the first ten days on which that House is sitting after the day on which the Minister receives it.

Interest on Claims

Marginal note:Claimants entitled to interest

• 101. (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 or the International 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 in effect from time to time.

• Marginal note:Time from which interest accrues

  (2) Interest referred to in subsection (1) accrues

  • (a) if the claim is based on paragraph 51(1)(a), from the day on which the oil pollution damage occurred;

  • (b) if the claim is based on paragraph 51(1)(b) or (c),

    • (i) in the case of costs and expenses, from the day on which they were incurred, or

    • (ii) in the case of loss or damage referred to in that paragraph, from the day on which the loss or damage occurred; or

  • (c) if the claim is for loss of income under section 88, from the time when the loss of income occurred.

Regulations

Marginal note:Regulations

102. The Governor in Council may, on the recommendation of the Minister, make regulations

• (a) prescribing anything that by this Part is to be prescribed by the regulations; and

• (b) generally for carrying out the purposes and provisions of this Part.

Offences and Punishment

Marginal note:Evidence of financial responsibility

• 103. (1) Any person who fails to produce a certificate or give details of it as and when required under subsection 60(4) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000.

• Marginal note:Detention of ship

  (2) A pollution prevention officer, designated pursuant to section 661 of the Canada Shipping Act, who has reasonable grounds for believing that an offence under subsection (1) has been committed in respect of a ship may make a detention order in respect of that ship, and section 672 of that Act applies to such a detention order with any modifications that the circumstances require.

Marginal note:Evading payment of levy

• 104. (1) Any person who wilfully evades or attempts to evade payment of an amount payable under section 93 is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.

• Marginal note:Failure to file information return

  (2) Any person who fails to file an information return as and when required by regulations made under paragraph 96(b) or (c), containing substantially the information required to be included in the return, is guilty of an offence and liable on summary conviction to a fine not exceeding $100 for each day of default.

• Marginal note:Failure to keep books and accounts

  (3) Any person who contravenes section 97 is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.

• Marginal note:Falsifying or destroying books

  (4) Any person who knowingly destroys, mutilates or falsifies, or who knowingly makes any false entry or statement in, any record, book of account or other document required to be kept under section 97 is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.

• Marginal note:Obstruction or false statements

  (5) Any person who contravenes subsection 76(4) or 98(9) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.

Marginal note:Jurisdiction in relation to offences

105. When a person is charged with having committed an offence under this Part, any court in Canada that would have had cognizance of the offence if it had been committed by a person within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there.

PART 7VALIDATION OF CERTAIN BY-LAWS AND REGULATIONS

By-laws under the Canada Ports Corporation Act

Marginal note:By-laws deemed to be valid

106. Each of the following by-laws is deemed for all purposes to have been validly made and to have had the same force and effect as if it had been made in accordance with the Canada Ports Corporation Act, and any harbour dues collected before the coming into force of this section under the authority purported to be granted by the by-law are deemed to have been validly collected:

• (a) by-law amending the Harbour Dues Tariff By-law, made by Order in Council P.C. 1983-3905 of December 8, 1983, and registered as SOR/83-934;

• (b) by-law amending the Pacific Harbour Dues Tariff By-law, made by Order in Council P.C. 1983-3906 of December 8, 1983, and registered as SOR/83-935; and

• (c) by-law amending the Pacific Harbour Dues Tariff By-law, made by Order in Council P.C. 1985-541 of February 14, 1985, and registered as SOR/85-190.

Regulations under the Pilotage Act

Marginal note:Laurentian Pilotage Tariff Regulations, 1992

107. The Laurentian Pilotage Tariff Regulations, 1992, made by Order in Council P.C. 1994-1508 of September 7, 1994, and registered as SOR/94-588, are deemed for all purposes to have been made on July 4, 1994 by the Laurentian Pilotage Authority with the approval of the Governor in Council under section 33 of the Pilotage Act, and any pilotage charges collected before the coming into force of this section under the authority purported to be granted by those Regulations are deemed to have been validly collected.