Bill S-4

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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
	(a) the conditions for entry described in subsection (1.2) exist in relation to a dwelling-house,
	(b) entry to the dwelling-house is necessary for the purposes of subsection (1.1), and
	(c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused,
	the justice of the peace may at any time sign and issue a warrant authorizing the Administrator to enter the dwelling-house, subject to any conditions that may be specified in the warrant.
	18. Section 702 of the Act is amended by adding the following after paragraph (d):
	(d.1) all amounts for which the Administrator is liable under subsection 701(1.1),
R.S., c. 6 (3rd Supp.), s. 84	19. (1) Paragraph 709(c) of the Act is replaced by the following:
	(c) the claim exceeds
	(i) in the case of a Convention ship, the owner's maximum liability under this Part to the extent that any such excess is not recoverable from the International Fund, and
	(ii) in the case of any ship other than a Convention ship, the owner's maximum liability under sections 574 to 582;
1996, c. 31, s. 105	(2) Paragraph 709(e) of the Act is repealed.
1993, c. 36, s. 18	20. (1) The portion of subsection 710(1) of the French version of the Act before paragraph (a) is replaced by the following:
Dépôt des demandes auprès de l'adminis- trateur	710. (1) En plus des droits qu'elle peut exercer contre la Caisse d'indemnisation en vertu de l'article 709, toute personne autre qu'un organisme d'intervention agréé aux termes du paragraphe 660.4(1) ou qu'une personne d'un État partie à la Convention sur la responsabilité civile qui a subi des pertes ou des dommages ou qui a engagé des frais mentionnés au paragraphe 677(1) à cause de dommages réels ou d'un risque de dommages dus à la pollution par les hydrocarbures peut déposer auprès de l'administrateur, dans les délais qui suivent, une demande en recouvrement de créance due à ces dommages, pertes et frais, sous réserve du pouvoir donné à la Cour d'Amirauté à l'alinéa 715a) de prescrire une période plus courte :
R.S., c. 6 (3rd Supp.), s. 84	(2) Paragraph 710(1)(b) of the Act is replaced by the following:
	(b) where no oil pollution damage occurred, within five years after the occurrence,
R.S., c. 6 (3rd Supp.), s. 84	21. (1) The portion of subsection 712(1) of the Act before paragraph (a) is replaced by the following:
Claims for loss of income	712. (1) Subject to this section,
R.S., c. 6 (3rd Supp.), s. 84	(2) The portion of subsection 712(1) of the English version of the Act after paragraph (f) is replaced by the following:
	who has suffered a loss or will suffer a future loss of income, or of a source of food or animal skins in the case of a person described in paragraph (d), resulting from a discharge of oil from a ship and not recoverable otherwise under this Part, may, subject to subsection (4), within three years after the time when the discharge of the oil occurred or first occurred, as the case may be, or could reasonably be expected to have become known to the claimant, and within six years after the occurrence that caused the discharge, file a claim with the Administrator for that loss or future loss.
	(3) Section 712 of the Act is amended by adding the following after subsection (3):
Cause of occurrence	(3.1) A claimant is not required to satisfy the Administrator that the occurrence was caused by a ship, but the Administrator shall dismiss a claim if satisfied on the evidence that the occurrence was not caused by a ship.
R.S., c. 6 (3rd Supp.), s. 84	(4) Paragraph 712(8)(c) of the Act is replaced by the following:
	(c) is not recoverable otherwise under this Part,
R.S., c. 6 (3rd Supp.), s. 84	(5) The portion of subsection 712(8) of the Act after paragraph (c) is replaced by the following:
	and where the assessor reports that such a loss has been established, that it resulted from the discharge of oil from a ship and that it is not recoverable otherwise under this Part, the report shall set out the amount of that loss as assessed by the assessor.
R.S., c. 6 (3rd Supp.), s. 84	22. Paragraphs 716(1)(a) and (b) of the Act are replaced by the following:
	(a) in respect of each tonne of oil in excess of 300 tonnes imported by ship into Canada in bulk as cargo, and
	(b) in respect of each tonne of oil in excess of 300 tonnes shipped from any place in Canada in bulk as cargo,
R.S., c. 6 (3rd Supp.), s. 84	23. Subparagraphs 723(2)(b)(i) and (ii) of the French version of the Act are replaced by the following:
	(i) soit de la date où sont engagés les frais,
	(ii) soit de la date où surviennent les dommages ou la perte;
1993, c. 36, s. 20	24. Section 723.1 of the Act is replaced by the following:
Failure to comply with direction	723.1 Any person who fails to comply with a direction or prohibition of the Minister of Fisheries and Oceans pursuant to paragraph 678(1)(c) is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars.
R.S., c. 6 (3rd Supp.), s. 84	25. Subsection 725(2) of the Act is replaced by the following:
Failure to file information return	(2) Any person who fails to file an information return, as and when required by any regulation made under paragraph 719(b) or (c), containing substantially the information required to be included therein is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred dollars for each day of default.
	26. The Act is amended by adding, after Schedule V, Schedule VI as set out in the schedule to this Act.
	TRANSITIONAL PROVISIONS
Application of former sections 574 to 584	27. Sections 574 to 584 of the Canada Shipping Act, as they read immediately before the coming into force of section 2 of this Act, apply in respect of events referred to in subsection 575(1) of that Act, as that subsection read immediately before the coming into force of section 2, that took place before the coming into force of that section.
Non- application of sections 574 to 582	28. (1) Sections 574 to 582 of the Canada Shipping Act, as enacted by section 2 of this Act, do not apply in relation to pollution damage caused, before the coming into force of sections 4 to 25 of this Act, by any ship other than a Convention ship.
Meaning of certain expressions	(2) In subsection (1),
	*(a) the expressions ``Convention ship'' and ``pollution damage'' have the meanings assigned to those expressions by section 673 of the Canada Shipping Act, and*
	*(b) the word ``ship'' has the meaning assigned to that word by sections 673 and 674 of the Canada Shipping Act,*
	as it read immediately before the coming into force of sections 4 to 25 of this Act.
Application of former Part XVI	29. Subject to section 30, Part XVI of the Canada Shipping Act, as it read immediately before the coming into force of sections 4 to 25 of this Act, applies in respect of an occurrence in relation to matters referred to in subsection 677(1) of that Act, as that subsection read immediately before the coming into force of those sections, that took place before the coming into force of those sections.
Contributions to International Fund	30. (1) Subsection 701(1) of the Canada Shipping Act, as it read immediately before the coming into force of sections 4 to 25 of this Act, applies in respect of an occurrence that caused oil pollution damage and that took place on or after April 24, 1989 and before the earlier of
	(a) the day on which the 1971 Fund Convention ceases to be in force for Canada, and
	(b) the coming into force of those sections.
Meaning of ``1971 Fund Convention''	(2) In subsection (1), the expression ``1971 Fund Convention'' has the meaning assigned to the expression ``Fund Convention'' by section 673 of the Canada Shipping Act as it read immediately before the coming into force of sections 4 to 25 of this Act.
	COMING INTO FORCE
Coming into force - sections 1 to 3 and 26 to 28	31. (1) Sections 1 to 3, other than section 578 of the Canada Shipping Act as enacted by section 2 of this Act, and sections 26 to 28 come into force ninety days after the day on which this Act is assented to.
Coming into force - sections 4 to 25 and 29 and 30	(2) Sections 4 to 25 and 29 and 30, and section 578 of the Canada Shipping Act as enacted by section 2 of this Act, come into force on a day to be fixed by order of the Governor in Council.

Bill S-4

TRANSITIONAL PROVISIONS

COMING INTO FORCE