Marine Liability Act (S.C. 2001, c. 6)

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.

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.

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.

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.

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.