Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 222001, c. 26Canada Shipping Act, 2001 (continued)
Amendments to the Act (continued)
709 Paragraph 244(h) of the Act is replaced by the following:
(h) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $250,000 but in any event not greater than the maximum fine if the violation were proceeded with by way of summary conviction;
710 Section 268.1 of the Act is replaced by the following:
Marginal note:Crown not relieved
268.1 Subsections 11(5) and 12(5), section 45, subsection 154(3), paragraph 181.1(a) and subsection 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.
Transitional Provision
Marginal note:Deemed violation
711 (1) A contravention of subsection 10.1(4) of the Canada Shipping Act, 2001 (in this section referred to as “the Act”), as enacted by section 690 of this Act, is deemed to be a violation for the purposes of sections 229 to 243 of the Act and the provisions of any regulations made under section 244 of the Act.
Marginal note:Range of penalties
(2) The range of penalties in respect of a violation referred to in subsection (1) is $250 to $250,000.
Marginal note:Continued violation
(3) A violation referred to in subsection (1) constitutes a separate violation for each day on which it is continued.
Marginal note:Repeal
(4) This section is repealed on the day on which a regulation under section 244 of the Act that designates a contravention of subsection 10.1(4) of the Act, as enacted by section 690 of this Act, as a violation for the purposes of section 228 of the Act comes into force.
Coordinating Amendments
Marginal note:Bill C-64
712 (1) Subsections (2) to (4) apply if Bill C-64, introduced in the 1st session of the 42nd Parliament and entitled the Wrecked, Abandoned or Hazardous Vessels Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 55 of the other Act comes into force before section 697 of this Act, then that section 697 is repealed.
(3) If section 55 of the other Act comes into force on the same day as section 697 of this Act, then that section 55 is deemed to have come into force before that section 697 and subsection (2) applies as a consequence.
(4) On the first day on which both section 710 of this Act and section 150 of the other Act are in force, section 268.1 of the Canada Shipping Act, 2001 is replaced by the following:
Marginal note:Crown not relieved
268.1 Subsections 11(5) and 12(5), section 45, paragraph 181.1(a) and subsection 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.
DIVISION 232001, c. 6Marine Liability Act
Amendments to the Act
713 Section 51 of the Act is renumbered as subsection 51(1) and is amended by adding the following:
Marginal note:Liability — grave and imminent threat of pollution damage
(2) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(b), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.
714 Section 71 of the Act is renumbered as subsection 71(1) and is amended by adding the following:
Marginal note:Liability — grave and imminent threat of pollution damage
(2) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(b), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.
715 (1) The portion of paragraph 77(1)(c) of the Act before subparagraph (i) is replaced by the following:
(c) in relation to pollutants, for the costs and expenses incurred by
(2) Section 77 of the Act is amended by adding the following after subsection (1):
Marginal note:Liability — grave and imminent threat of pollution damage
(1.1) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(c), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.
Marginal note:Words and expressions defined
(1.2) For the purposes of subsection (1.1), words and expressions used in that subsection have the same meaning as in the Civil Liability Convention, as defined in subsection 47(1).
716 Subsection 91(1) of the Act is amended by adding the following in alphabetical order:
- receiver
receiver means a receiver as defined in paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention. (réceptionnaire)
- significant incident
significant incident means a discharge of oil that, due to its severity, size or location and to its impact — actual or potential — on the environment, requires extraordinary resources to respond to it. (événement significatif)
717 (1) Paragraph 92(2)(a) of the Act is replaced by the following:
(a) all payments received under sections 114.1 and 114.2 and amounts recovered under section 115;
(2) Subsection 92(2) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:
(b.1) the amount of every sum credited to that Fund under section 93.1 or subsection 111(1) or 111.1(1), (2) or (3);
(c) any amounts recovered by the Administrator under paragraph 106(3)(c) or 106.3(5)(b);
(d) any amounts received by the Administrator further to the notice given under subsection 106.4(3) or paragraph 106.6(1)(b) or recovered under section 106.7; and
(e) interest computed in accordance with section 111.2.
(3) Paragraphs 92(3)(a) and (b) of the Act are replaced by the following:
(a) an amount equal to every amount required to repay, in accordance with any terms and conditions specified by the Minister of Finance, an amount charged to the Consolidated Revenue Fund under section 93.1;
(a.1) all amounts that are directed to be paid under paragraph 106(3)(a), subsection 106.3(4), paragraph 108(1)(a), subsection 108(6) or section 117 or under a settlement;
(a.2) all amounts that are charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2);
(b) all amounts for which the Administrator is liable under subsection 117.2(4);
(4) Paragraph 92(3)(d) of the Act is replaced by the following:
(d) every amount paid out of the Consolidated Revenue Fund under subsection 98(1.2);
(5) Paragraph 92(3)(f) of the English version of the Act is replaced by the following:
(f) the amount of any judgment and any costs awarded against the Ship-source Oil Pollution Fund in litigation.
718 The Act is amended by adding the following after section 93:
Marginal note:Consolidated Revenue Fund
93.1 If the amount to the credit of the Ship-source Oil Pollution Fund is insufficient to pay any amount that is charged to that Fund under any of paragraphs 92(3)(a) to (f), the Minister of Finance may, subject to any terms and conditions that he or she considers appropriate, direct that a sum equal to the amount required to be paid be charged to the Consolidated Revenue Fund and credited to the Ship-source Oil Pollution Fund.
719 Sections 97 and 98 of the Act are replaced by the following:
Marginal note:Conflict of interest
97 (1) The Administrator or Deputy Administrator shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with his or her powers, duties and functions under this Part.
Marginal note:Effect of contravention
(2) If the Administrator or Deputy Administrator contravenes subsection (1), his or her appointment is terminated on a date fixed by the Governor in Council that is not later than 30 days after the day on which the notice of the contravention is received by the Minister, but the contravention does not affect the validity of any act performed by the Administrator or Deputy Administrator, as the case may be, under this Part between the date of the contravention and the date that the appointment is terminated.
Marginal note:Remuneration
98 (1) The Administrator and the Deputy Administrator are to be paid, for the exercise of their powers and the performance of their duties and functions, the remuneration fixed by the Governor in Council.
Marginal note:Travelling, living and other expenses
(1.1) The Administrator and the Deputy Administrator are to be paid, in accordance with Treasury Board directives, reasonable travel, living and other expenses incurred in exercising their powers or performing their duties and functions under this Part while absent from their ordinary place of work.
Marginal note:Payment out of Consolidated Revenue Fund
(1.2) On the direction of the Minister of Finance, the remuneration and expenses referred to in subsections (1) and (1.1) and all other costs and expenses incurred by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Part are to be paid out of the Consolidated Revenue Fund and charged to the Ship-source Oil Pollution Fund as provided for by paragraph 92(3)(d).
Marginal note:Taxation
(2) The Admiralty Court’s assessment officers may, at the Minister of Justice’s request, tax any account for costs and expenses, other than expenses referred to in subsection (1.1), incurred by the Administrator and the Deputy Administrator in exercising their powers or performing their duties and functions as if they were acting for Her Majesty in proceedings in that Court.
720 The Act is amended by adding the following before section 101:
Process for Claims
721 (1) The portion of subsection 101(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Liability of Ship-source Oil Pollution Fund
101 (1) Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable in relation to oil for the matters referred to in sections 51, 71 and 77, Article III of the Civil Liability Convention and Article 3 of the Bunkers Convention in respect of any kind of loss, damage, costs or expenses — including economic loss caused by oil pollution suffered by persons whose property has not been polluted — if
(2) Section 101 of the Act is amended by adding the following after subsection (1):
Marginal note:Additional liability of Ship-source Oil Pollution Fund
(1.1) Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable for the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person in respect of measures taken under subsection 180(1) of the Canada Shipping Act, 2001 with respect to oil, or for loss or damage caused by those measures, for which neither the owner of a ship, the International Fund nor the Supplementary Fund is liable by reason of the fact that the occurrence or series of occurrences for which those costs and expenses were incurred did not create a grave and imminent threat of causing oil pollution damage.
722 (1) Paragraph 102(1)(a) of the Act is replaced by the following:
(a) the Administrator may, either before or after receiving a claim under section 103 or 106.1, commence an action in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court; and
(2) Subsection 102(2) of the Act is replaced by the following:
Marginal note:Subrogation
(2) The Administrator may continue the action only if he or she has become subrogated to the rights of the claimant under paragraph 106(3)(c) or 106.3(5)(b).
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