| Consumer
Price Index
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(3) For the purpose of this section,
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(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;
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(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;
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(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
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(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.
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| Adjusted limit
to be
published
annually
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(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.
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Application to Court for Directions
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| Administrator
may apply to
Court for
directions
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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
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(a) order the exclusion of any claimants
who do not file their claims with the
Administrator within the time that that
Court directs; and
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(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.
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Payments into the Ship-source Oil Pollution
Fund
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| Definition of
``oil''
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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.
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| Levy on
shipments of
oil in bulk
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(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
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(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
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(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.
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| When payable
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(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,
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(a) in the case of oil imported by ship into
Canada in bulk as cargo, before the oil is
unloaded from the ship; and
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(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.
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| Debts due to
Her Majesty
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(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
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(a) in the case of oil imported by ship into
Canada in bulk as cargo, the owner,
consignee or shipper of the oil; and
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(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.
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| Amount of
levy in first
year
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94. (1) The levy referred to in subsection
93(2) is 30 cents in the year ending on March
31, 1990.
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| Annual
adjustment of
levy
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(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
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(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
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by
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(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.
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| Consumer
Price Index
|
(3) For the purpose of this section,
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(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;
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(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;
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(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
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(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.
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| 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.
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| Discontinuati
on or
re-imposition
of levy
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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.
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| Annual
adjustment of
levy
unaffected
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(2) The non-imposition, discontinuation or
re-imposition of the levy under subsection (1)
does not affect the operation of section 94.
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| Regulations
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96. The Governor in Council may, on the
recommendation of the Minister, make
regulations
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(a) prescribing the manner in which the levy
payable under section 93 is to be paid;
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(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
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(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.
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| Records and
books
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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
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(a) the amounts that are payable by that
person under that section;
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(b) the type and quantity of the oil in respect
of which the amounts referred to in
paragraph (a) are payable;
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(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
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(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.
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| Disposal of
records
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(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.
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| Examination
of records
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(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.
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| Inspection of
premises
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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
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(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
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(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.
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| Warrant to
enter living
quarters
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(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).
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| Authority to
issue warrant
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(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
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(a) is necessary for the purpose of
subsection (1); and
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(b) has been refused or there are reasonable
grounds to believe that it will be refused.
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| Certificate of
designation
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(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.
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| Report to
Minister
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(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.
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| Return of
original or
copy of
documents
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(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.
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| Notice of
application
for extension
of time
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(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.
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| Copies of
documents
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(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.
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| Obstruction,
false
statements
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(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.
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| 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.
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Annual Report
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| Annual report
of
Administrator
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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.
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| Tabling
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(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.
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Interest on Claims
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| Claimants
entitled to
interest
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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.
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| Time from
which interest
accrues
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(2) Interest referred to in subsection (1)
accrues
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(a) if the claim is based on paragraph
51(1)(a), from the day on which the oil
pollution damage occurred;
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(b) if the claim is based on paragraph
51(1)(b) or (c),
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(i) in the case of costs and expenses, from
the day on which they were incurred, or
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(ii) in the case of loss or damage referred
to in that paragraph, from the day on
which the loss or damage occurred; or
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(c) if the claim is for loss of income under
section 88, from the time when the loss of
income occurred.
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