Consumer Price Index	(3) For the purpose of this section,
	(a) a reference to the ``Consumer Price Index, excluding the food and energy components,'' for any 12-month period means the average of the Consumer Price Index for Canada, excluding the food and energy components, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period;
	(b) the Governor in Council may, on the recommendation of the Minister, make regulations prescribing the manner in which the average of the Consumer Price Index, excluding the food and energy components, for any 12-month period is to be determined and the manner of expressing any such average that is determined to be a fraction of a whole number;
	(c) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis, a corresponding adjustment shall be made in the Consumer Price Index, excluding the food and energy components, for any 12-month period that is used for the purpose of calculating the limit of liability of the Ship-source Oil Pollution Fund under this section; and
	(d) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is modified to reflect a new content basis, that modification does not affect the operation of this section.
Adjusted limit to be published annually	(4) The Minister shall cause the limit of liability referred to in subsection (1), adjusted in accordance with this section, to be published in the Canada Gazette each year as soon as it is available, and the limit of liability so published is admissible in any proceeding under this Part as conclusive proof of that limit of liability for the year in question.
	Application to Court for Directions
Administra- tor may apply to Court for directions	92. If the Admiralty Court, on the application of the Administrator and on notice to other interested parties as that Court considers just in the circumstances, is satisfied that, in respect of a particular occurrence, the aggregate liability of the Ship-source Oil Pollution Fund under sections 84, 86 and 88 and subsection 90(2) may exceed its limit of liability under section 91, that Court may
	(a) order the exclusion of any claimants who do not file their claims with the Administrator within the time that that Court directs; and
	(b) order that payment out of the Ship-source Oil Pollution Fund of established claims be prorated or postponed, or any combination of prorating and postponement.
	Payments into the Ship-source Oil Pollution Fund
Definition of ``oil''	93. (1) In this section and sections 94 to 99, ``oil'' means ``Contributing Oil'' as defined in paragraph 3 of Article 1 of the Fund Convention.
Levy on shipments of oil in bulk	(2) If imposed or re-imposed by the Minister under subsection 95(1), there shall be paid to the Receiver General a levy determined in accordance with section 94
	(a) in respect of each metric ton of oil in excess of 300 metric tons imported by ship into Canada in bulk as cargo; and
	(b) in respect of each metric ton of oil in excess of 300 metric tons shipped by ship from any place in Canada in bulk as cargo.
When payable	(3) Amounts payable under subsection (2) shall be paid, or security for payment of those amounts in an amount and form satisfactory to the Minister shall be given,
	(a) in the case of oil imported by ship into Canada in bulk as cargo, before the oil is unloaded from the ship; and
	(b) in the case of oil shipped from a place in Canada in bulk as cargo of a ship, before the ship leaves the facility where the oil is loaded on board the ship.
Debts due to Her Majesty	(4) All amounts payable under subsection (2) and any interest payable on those amounts are debts due to Her Majesty in right of Canada and recoverable in any court of competent jurisdiction from
	(a) in the case of oil imported by ship into Canada in bulk as cargo, the owner, consignee or shipper of the oil; and
	(b) in the case of oil shipped from a place in Canada in bulk as cargo of a ship, the owner, consignor or shipper of the oil.
Amount of levy in first year	94. (1) The levy referred to in subsection 93(2) is 30 cents in the year ending on March 31, 1990.
Annual adjustment of levy	(2) The levy of 30 cents referred to in subsection (1) shall be adjusted annually so that the levy in any following year is an amount equal to the product obtained by multiplying
	(a) the levy that would have been payable in that following year if no adjustment had been made under this section with respect to that following year
	by
	(b) the ratio that the Consumer Price Index, excluding the food and energy components, for the 12-month period ending on December 31 next before that following year bears to the Consumer Price Index, excluding the food and energy components, for the 12-month period next before that 12-month period.
Consumer Price Index	(3) For the purpose of this section,
	(a) a reference to the ``Consumer Price Index, excluding the food and energy components,'' for any 12-month period means the average of the Consumer Price Index for Canada, excluding the food and energy components, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period;
	(b) the Governor in Council may, on the recommendation of the Minister, make regulations prescribing the manner in which the average of the Consumer Price Index, excluding the food and energy components, for any 12-month period is to be determined and the manner of expressing any such average that is determined to be a fraction of a whole number;
	(c) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis, a corresponding adjustment shall be made in the Consumer Price Index, excluding the food and energy components, for any 12-month period that is used for the purpose of calculating the levy under this section; and
	(d) if at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is modified to reflect a new content basis, that modification does not affect the operation of this section.
Adjusted levy to be published annually	(4) The Minister shall cause the levy referred to in section 93, adjusted in accordance with this section, to be published in the Canada Gazette each year as soon as it is available, and the levy so published is admissible in any proceeding under this Part as conclusive proof of the levy for the year in question.
Discontinuati on or re-imposition of levy	95. (1) The Minister, after consultation with the Minister of Fisheries and Oceans and the Minister of the Environment, may from time to time, by order, impose, discontinue or re-impose the levy referred to in section 93.
Annual adjustment of levy unaffected	(2) The non-imposition, discontinuation or re-imposition of the levy under subsection (1) does not affect the operation of section 94.
Regulations	96. The Governor in Council may, on the recommendation of the Minister, make regulations
	(a) prescribing the manner in which the levy payable under section 93 is to be paid;
	(b) providing for the filing with the Minister of information returns by the persons referred to in subsection 93(4) from whom the levy may be recovered; and
	(c) providing for the filing with the Minister of information returns necessary to enable the Administrator to discharge the Administrator's obligations under section 76.
Records and books	97. (1) Every person referred to in subsection 93(4) from whom the levy payable under section 93 may be recovered shall keep records and books of account at their place of business in Canada, or at any other place in Canada that may be designated by the Minister, that set out
	(a) the amounts that are payable by that person under that section;
	(b) the type and quantity of the oil in respect of which the amounts referred to in paragraph (a) are payable;
	(c) the time when and place where the amounts referred to in paragraph (a) were paid or security for their payment was given in accordance with subsection 93(3); and
	(d) any other information that the Minister may require to determine the amounts referred to in paragraph (a) and the time when they become payable.
Disposal of records	(2) Every person who is required by this section to keep records and books of account shall, unless otherwise authorized by the Minister, retain every such record and book of account and every account or voucher necessary to verify the information contained in the record or book of account until the expiry of six years from the end of the year to which the record or book of account relates.
Examination of records	(3) Every person who is required by this section to keep records and books of account shall, at all reasonable times, make the records and books of account, and every account or voucher necessary to verify the information contained in them, available to any person designated in writing by the Minister and give that person every facility necessary to examine the records, books of account, accounts and vouchers.
Inspection of premises	98. (1) Any person designated in writing by the Minister for the purpose may, at any reasonable time, enter any premises where the person believes on reasonable grounds that there are any records, books of account, accounts, vouchers or other documents relating to amounts payable under section 93 and
	(a) examine anything on the premises and copy or take away for further examination or copying any record, book of account, account, voucher or other document that they believe, on reasonable grounds, contains any information relevant to the enforcement of this Part; and
	(b) require the owner, occupier or person in charge of the premises to give the person all reasonable assistance in connection with the examination under paragraph (a) and to answer all proper questions relating to the examination and, for that purpose, require the owner, occupier or person in charge of the premises to attend at those premises with the person.
Warrant to enter living quarters	(2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (3).
Authority to issue warrant	(3) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing a person designated under subsection (1) to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters
	(a) is necessary for the purpose of subsection (1); and
	(b) has been refused or there are reasonable grounds to believe that it will be refused.
Certificate of designation	(4) Persons designated by the Minister under subsection (1) shall be furnished with a certificate of their designation and, on entering any premises referred to in that subsection, shall produce the certificate on request to the owner, occupier or person in charge of the premises.
Report to Minister	(5) On the conclusion of an examination under this section, the person conducting the examination shall transmit a full report of their findings to the Minister.
Return of original or copy of documents	(6) The original or a copy of any record, book of account, account, voucher or other document taken away under paragraph (1)(a) shall be returned to the person from whose custody it was taken within 21 days after it was taken or within any longer period that is directed by a judge of a superior court for cause or agreed to by a person who is entitled to its return.
Notice of application for extension of time	(7) An application to a judge mentioned in subsection (6) for a direction under that subsection may only be made on notice to the person from whose custody the record, book of account, account, voucher or other document was taken.
Copies of documents	(8) A document purporting to be certified by the Minister to be a copy of a record, book of account, account, voucher or other document made under paragraph (1)(a) is admissible in evidence in any prosecution for an offence under this Part and is, in the absence of evidence to the contrary, proof of its contents.
Obstruction, false statements	(9) No person shall obstruct or hinder anyone engaged in carrying out their duties and functions under this section, or knowingly make a false or misleading statement, either orally or in writing, to any person so engaged.
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.
	Annual Report
Annual report of Administra- tor	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.
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.
	Interest on Claims
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.
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.