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Exception
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(3) Sections 709 and 710 do not apply in
respect of actual or anticipated oil pollution
damage in an area described in paragraph
(2)(c) or (d).
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1993, c. 36,
s. 15(2)
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7. (1) Paragraph 677(1)(b) of the French
version of the Act is replaced by the
following:
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1993, c. 36,
s. 15(2)
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(2) Paragraph 677(1)(c) of the Act is
replaced by the following:
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(3) Section 677 of the Act is amended by
adding the following after subsection (1):
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Environ- mental damage
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(2) Where oil pollution damage from a ship
results in impairment to the environment, the
owner of the ship is liable for the costs of
reasonable measures of reinstatement actually
undertaken or to be undertaken.
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R.S., c. 6 (3rd
Supp.), s. 84
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(4) Subsection 677(5) of the French ver
sion of the Act is replaced by the following:
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Droits du
propriétaire
envers les
tiers
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(5) La présente partie n'a pas pour effet de
porter atteinte aux recours qu'un propriétaire
de navire responsable en vertu du paragraphe
(1) peut exercer contre des tiers.
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R.S., c. 6 (3rd
Supp.), s. 84
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(5) Paragraph 677(10)(a) of the Act is
replaced by the following:
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1993, s. 36,
s. 15(5)
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(6) Subsection 677(11) of the Act is
replaced by the following:
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Administrator
may claim
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(11) Where there is an occurrence that gives
rise to liability of an owner of a ship under
subsection (1), the Administrator may, either
before or after receiving a claim pursuant to
section 710, commence an action in rem
against the ship that is the subject of the claim,
or against any proceeds of sale thereof that
have been paid into court, and in any such
action the Administrator is, subject to subsec
tion (13), entitled to claim security in an
amount not less than the owner's maximum
aggregate liability under section 679 or 679.1.
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(7) Section 677 of the Act is amended by
adding the following after subsection (12):
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Where
Administrator
not entitled to
claim security
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(13) The Administrator is not entitled to
claim security under subsection (11) where
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8. The Act is amended by adding the
following after section 677:
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Joint
tortfeasors
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677.1 Where there is an occurrence that
gives rise to liability of an owner of a ship
under subsection 677(1), the owner may claim
and recover contribution or indemnity from
any other person who in an action is or would
be found liable otherwise than by virtue of that
subsection for the costs, expenses, loss or
damage resulting from the occurrence that
gives rise to that liability.
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1993, c. 36,
s. 16
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9. (1) Paragraphs 678(1)(a) and (b) of the
French version of the Act are replaced by
the following:
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1993, c. 36,
s. 16
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(2) Paragraph 678(1)(c) of the Act is
replaced by the following:
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R.S., c. 6 (3rd
Supp.), s. 84
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10. Section 679 of the Act is replaced by
the following:
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Limitation of
liability -
Convention
ships
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679. (1) The maximum liability of an owner
of a Convention ship under section 677 in
respect of an occurrence is
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Conduct
barring
limitation
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(2) An owner is not entitled to limitation of
liability under subsection (1) if it is proved
that the actual or anticipated oil pollution
damage resulted from the personal act or
omission of the owner committed with the
intent to cause the oil pollution damage or
recklessly and with knowledge that the oil
pollution damage would probably result.
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Calculation of
tonnage
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(3) For the purposes of subsection (1), a
ship's tonnage is the gross tonnage calculated
in the manner set out in subsection 578(2).
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Definition of
``unit of
account''
|
(4) In paragraphs (1)(a) and (b), ``unit of
account'' means a special drawing right issued
by the International Monetary Fund.
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Amendment
of limits
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(5) Where amendments to the limits of
liability set out in Article V, paragraph 1, of
the Civil Liability Convention have been
made in accordance with Article 15 of the
Protocol of 1992 thereto, concluded at Lon
don on November 27, 1992, the Governor in
Council may, by order, on the recommenda
tion of the Minister, amend the limits of
liability set out in subsection (1) by the same
amounts.
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Limitation of
liability -
other ships
|
679.1 (1) The maximum liability of an
owner of a ship other than a Convention ship
under section 677 in respect of an occurrence
is
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Application of
sections 574,
575 and 577
to 582
|
(2) Sections 574, 575 and 577 to 582 apply
for the purposes of subsection (1).
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R.S., c. 6 (3rd
Supp.), s. 84
|
11. Section 680 of the Act is replaced by
the following:
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Where
occurrence
did not
involve
Canadian
territory or
Canadian
waters
|
680. No action may be commenced in any
court in Canada in relation to an occurrence
that gives rise to liability of an owner of a
Convention ship in respect of matters referred
to in subsection 677(1) where
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R.S., c. 6 (3rd
Supp.), s. 84
|
12. Subsection 681(2) of the Act is re
placed by the following:
|
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Servants, etc.,
not liable
|
(2) Subject to subsection 677(5) and section
677.1, unless the actual or anticipated oil
pollution damage referred to in subsection
677(1) resulted from their personal act or
omission, committed with intent to cause the
damage or recklessly and with knowledge that
the damage would probably result, the follow
ing persons are not liable for the matters
referred to in subsection 677(1):
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Owners
jointly and
severally
liable
|
(3) Where two or more owners of Conven
tion ships are liable for costs, expenses, loss or
damage referred to in subsection 677(1), the
owners of all of those ships are jointly and
severally liable, to the extent that the costs,
expenses, losses or damages are not reason
ably separable.
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R.S., c. 6 (3rd
Supp.), s. 84
|
13. Subsection 684(1) of the Act is re
placed by the following:
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Certificate
attesting to
financial
responsibility
|
684. (1) A Convention ship carrying, in
bulk as cargo, more than 2,040 tonnes of crude
oil, fuel oil, heavy diesel oil, lubricating oil or
any other persistent hydrocarbon mineral oil
shall not
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unless a certificate described in Article VII of
the Civil Liability Convention and subsection
685(1), showing that there is in force in re
spect of that ship a contract of insurance or
other security that satisfies the requirements
of that Article, has been issued in respect of
that ship.
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R.S., c. 6 (3rd
Supp.), s. 84
|
14. Paragraph 686(c) of the Act is re
placed by the following:
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|
R.S., c. 6 (3rd
Supp.), s. 84
|
15. The definition ``foreign judgment'' in
section 687 of the Act is replaced by the
following:
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``foreign
judgment'' « jugement étranger »
|
``foreign judgment'' means a judgment of a
court of a state other than Canada that is a
party to the Civil Liability Convention in
respect of a liability described in Article III
of that Convention, resulting from an occur
rence after the entry into force of that Con
vention for Canada.
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R.S., c. 6 (3rd
Supp.), s. 84
|
16. Section 700 of the Act is repealed.
|
|
R.S., c. 6 (3rd
Supp.), s. 84
|
17. Subsection 701(1) of the Act is re
placed by the following:
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Contributions
by Canada to
International
Fund
|
701. (1) The Administrator shall direct
payments to be made out of the Ship-source
Oil Pollution Fund to the International Fund in
accordance with Articles 10 and 12 of the
Fund Convention.
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Communica- tion of information
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(1.1) The Administrator shall communicate
to the Director of the International Fund the
information referred to in Article 15 of the
Fund Convention in accordance with that
Article and is liable for any financial loss to
the International Fund as a result of the failure
to so communicate.
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Powers of
Administrator
|
(1.2) The Administrator may, for the pur
poses of subsection (1.1), at any reasonable
time, enter any premises where the Adminis
trator believes on reasonable grounds that
there are any records, books, accounts, vouch
ers or other documents relating to information
referred to in Article 15 of the Fund Conven
tion and
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No
obstruction or
false
statements
|
(1.3) No person shall obstruct or hinder the
Administrator in the exercise of any powers
under subsection (1.2), or knowingly make a
false or misleading statement, either orally or
in writing, to the Administrator while the
Administrator is exercising those powers.
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Warrant
required to
enter
dwelling- house
|
(1.4) Where any premises referred to in
subsection (1) is a dwelling-house, the Ad
ministrator may not enter that dwelling-house
except with the consent of the occupant of the
dwelling-house or under the authority of a
warrant issued under subsection (1.5).
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Authority to
issue warrant
|
(1.5) Where on ex parte application a
justice of the peace is satisfied by information
on oath that
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the justice of the peace may at any time sign
and issue a warrant authorizing the Adminis
trator to enter the dwelling-house, subject to
any conditions that may be specified in the
warrant.
|
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|
18. Section 702 of the Act is amended by
adding the following after paragraph (d):
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