Marine Liability and Information Return Regulations (SOR/2016-307)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Marine Liability Act. (Loi)

  Administrator

  Administrator means the Administrator of the Ship-source Oil Pollution Fund. (administrateur)

  receive

  receive, in respect of contributing oil, means to receive the oil into tankage or storage immediately after carriage by a ship. (recevoir)

• Marginal note:Boundary of sea (east coast)

  (2) For the purposes of these Regulations, the St. Lawrence River ends and the sea begins at a straight line drawn

  • (a) from Cap-des-Rosiers to West Point, Anticosti Island; and

  • (b) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° W.

PART 1Ship-source Oil Pollution Fund

Marginal note:Consumer price index

• 2 (1) For the purposes of paragraph 113(3)(b) of the Act, the average of the Consumer Price Index for any 12-month period must be calculated by dividing by 12 the aggregate of the Consumer Price Indexes, excluding the food and energy components, for each month in that 12-month period.

• Marginal note:Fraction

  (2) If the quotient obtained contains a fraction, the fraction must be expressed as a decimal fraction rounded to one digit after the decimal point as follows:

  • (a) if the second digit after the decimal point is less than five, that digit shall be dropped; and

  • (b) if the second digit is five or greater than five, the first digit after the decimal point must be increased by one and the second digit must be dropped.

PART 2International Fund and Supplementary Fund

Marginal note:Application

• 3 (1) This section applies in respect of contributing oil that

  • (a) has been imported by sea into Canada, in bulk as cargo on a ship, and is to be unloaded at a terminal installation or port in Canada;

  • (b) has been shipped by sea to a port in the United States, in bulk as cargo on a ship, has subsequently been imported into Canada by a mode of transport other than a ship, and is to be unloaded at an installation in Canada; or

  • (c) has been shipped by sea from a place in Canada or from an offshore installation in the exclusive economic zone of Canada, in bulk as cargo on a ship, and is to be unloaded at a terminal installation or port in Canada.

• Marginal note:Information return

  (2) Any person who receives, in a calendar year, contributing oil in a quantity exceeding 150 000 metric tons must file with the Administrator, no later than February 28 of the following calendar year, an information return in the form established by the Minister in respect of that oil.

• Marginal note:Associated persons

  (3) For the purposes of subsection (2), the quantity of contributing oil is the aggregate of the quantity received by the person and the quantities received by associated persons.

• Marginal note:Content

  (4) The information return must include

  • (a) the name, mailing address, email address, phone number and fax number, if applicable, of the person;

  • (b) the type of contributing oil and the total quantity of each type of contributing oil received in that calendar year; and

  • (c) where applicable, the name and address of associated persons that have received contributing oil.

PART 3International Hazardous and Noxious Substances Fund

Marginal note:Application

• 4 (1) This section applies in respect of contributing cargo that

  • (a) has been imported by sea into Canada and is to be unloaded at a terminal installation or port in Canada; or

  • (b) has been shipped by sea from a place in Canada or from an offshore installation in the exclusive economic zone of Canada, and is to be unloaded at a terminal installation or port in Canada.

• Marginal note:Information return

  (2) A receiver who receives, in a calendar year, the following types and quantities of contributing cargo must file with the Minister, no later than February 28 of the following calendar year, an information return respecting that cargo:

  • (a) liquefied natural gases referred to in paragraph 2(b) of Article 16 of the Hazardous and Noxious Substances Convention, in any quantity;

  • (b) liquefied petroleum gases referred to in paragraph 2(c) of Article 16 of the Hazardous and Noxious Substances Convention, in a quantity exceeding 17 000 metric tons; or

  • (c) any hazardous and noxious substances referred to in paragraphs 5(a)(ii), (iii), (v), (vi) and (vii) of Article 1 of the Hazardous and Noxious Substances Convention, in a quantity exceeding 17 000 metric tons.

• Marginal note:Non-persistent oil

  (3) A receiver who receives, in a calendar year, contributing cargo in the form of non-persistent oil in a quantity exceeding 17 000 metric tons must file with the Administrator, no later than February 28 of the following calendar year, an information return in the form established by the Minister in respect of that cargo.

• Marginal note:Associated persons

  (4) For the purposes of subsections (2) and (3), the quantity of contributing cargo is the aggregate of the quantity received by the receiver and the quantities received by associated persons.

• Marginal note:Content

  (5) The information return referred to in subsections (2) and (3) must include

  • (a) the name, mailing address, email address, phone number and fax number, if applicable, of the receiver;

  • (b) the type of contributing cargo, and the total quantity of each type of contributing cargo received in that calendar year;

  • (c) if the receiver received contributing cargo as an agent or mandatary for a principal or mandator, the name of the principal or mandator, and the type and quantity of cargo received;

  • (d) if the receiver received contributing cargo from an agent or mandatary, the name of the agent or mandatary and the type and quantity of cargo received; and

  • (e) where applicable, the name and address of associated persons that have received contributing cargo.

PART 3.1Exports

Marginal note:Application

• 4.1 (1) This section applies in respect of contributing oil and non-persistent oil that has been exported by sea from a place in Canada or an offshore installation in the exclusive economic zone of Canada, in bulk as cargo on a ship, and is to be unloaded at a place outside of Canada.

• Marginal note:Information return

  (2) Any person who exports, in a calendar year, contributing oil in a quantity exceeding 150 000 metric tons or non-persistent oil in a quantity exceeding 17 000 metric tons must file with the Administrator, no later than February 28 of the following calendar year, an information return in the form established by the Minister in respect of that oil.

• Marginal note:Associated persons

  (3) For the purposes of subsection (2), the quantity of contributing oil or non-persistent oil is the aggregate of the quantity exported by the person and the quantities exported by associated persons.

• Marginal note:Content

  (4) The information return must include

  • (a) the name, mailing address, email address, phone number and fax number, if applicable, of the person;

  • (b) the types of contributing oil and non-persistent oil, and the total quantity of each type of contributing oil and non-persistent oil exported in that calendar year;

  • (c) where applicable, the name and address of associated persons that exported contributing oil or non-persistent oil;

  • (d) if the person exported non-persistent oil as an agent or mandatary for a principal or mandator in Canada, the name of the principal or mandator, and the type and quantity of non-persistent oil exported; and

  • (e) if the person, as a principal or mandatory in Canada, exported non-persistent oil through an agent or mandatary, the name of the agent or mandatary and the type and quantity of non-persistent oil exported.

PART 4Fees for Certificates

Marginal note:Civil Liability Convention certificate

5 A fee of $98 is payable to the Minister for the issuance of a certificate under subsection 56(1) of the Act.

Marginal note:Bunkers Convention certificate

6 A fee of $98 is payable to the Minister for the issuance of a certificate under subsection 74(1) of the Act.

Marginal note:Payment

7 A fee imposed under this Part is payable on application for the certificate.