SOR/2016-307201612
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MARINE LIABILITY ACTMarine Liability and Information Return RegulationsP.C.2016-1082201612
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His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 74.4(3)a and 117(1.5)b of the Marine Liability Actc, makes the annexed Marine Liability and Information Return Regulations.S.C. 2014, c. 29, s. 36S.C. 2014, c. 29, s. 50(3)S.C. 2001, c. 6Interpretation
DefinitionsThe following definitions apply in these Regulations.Act means the Marine Liability Act. (Loi)Administrator means the Administrator of the Ship-source Oil Pollution Fund. (administrateur)receive, in respect of contributing oil, means to receive the oil into tankage or storage immediately after carriage by a ship. (recevoir)Boundary of sea (east coast)For the purposes of these Regulations, the St. Lawrence River ends and the sea begins at a straight line drawnfrom Cap-des-Rosiers to West Point, Anticosti Island; andfrom Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° W.SOR/2021-63, s. 1
Ship-source Oil Pollution Fund
Consumer price indexFor 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.FractionIf 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:if the second digit after the decimal point is less than five, that digit shall be dropped; andif 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.SOR/2021-63, s. 2
International Fund and Supplementary Fund
ApplicationThis section applies in respect of contributing oil thathas 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;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; orhas 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.Information returnAny 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.Associated personsFor 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.ContentThe information return must includethe name, mailing address, email address, phone number and fax number, if applicable, of the person;the type of contributing oil and the total quantity of each type of contributing oil received in that calendar year; andwhere applicable, the name and address of associated persons that have received contributing oil.SOR/2021-63, s. 3
International Hazardous and Noxious Substances Fund
ApplicationThis section applies in respect of contributing cargo thathas been imported by sea into Canada and is to be unloaded at a terminal installation or port in Canada; orhas 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.Information returnA 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:liquefied natural gases referred to in paragraph 2(b) of Article 16 of the Hazardous and Noxious Substances Convention, in any quantity;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; orany 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.Non-persistent oilA 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.Associated personsFor 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.ContentThe information return referred to in subsections (2) and (3) must includethe name, mailing address, email address, phone number and fax number, if applicable, of the receiver;the type of contributing cargo, and the total quantity of each type of contributing cargo received in that calendar year;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;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; andwhere applicable, the name and address of associated persons that have received contributing cargo.SOR/2021-63, s. 4
Exports
ApplicationThis 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.Information returnAny 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.Associated personsFor 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.ContentThe information return must includethe name, mailing address, email address, phone number and fax number, if applicable, of the person;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;where applicable, the name and address of associated persons that exported contributing oil or non-persistent oil;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; andif 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.SOR/2021-63, s. 5
Fees for Certificates
Civil Liability Convention certificateA fee of $98 is payable to the Minister for the issuance of a certificate under subsection 56(1) of the Act.SOR/2021-61, s. 1
Bunkers Convention certificateA fee of $98 is payable to the Minister for the issuance of a certificate under subsection 74(1) of the Act.SOR/2021-61, s. 1
PaymentA fee imposed under this Part is payable on application for the certificate.SOR/2021-61, s. 1
SOR/2021-612021-04-01SOR/2021-632021-04-01