Bill S-4
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Authority to
issue warrant
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(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
Administrator 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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R.S., c. 6 (3rd
Supp.), s. 84
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19. (1) Paragraph 709(c) of the Act is
replaced by the following:
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1996, c. 31,
s. 105
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(2) Paragraph 709(e) of the Act is
repealed.
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1993, c. 36,
s. 18
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20. (1) The portion of subsection 710(1) of
the French version of the Act before
paragraph (a) is replaced by the following:
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Dépôt des
demandes
auprès de
l'adminis- trateur
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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 :
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R.S., c. 6 (3rd
Supp.), s. 84
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(2) Paragraph 710(1)(b) of the Act is
replaced by the following:
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R.S., c. 6 (3rd
Supp.), s. 84
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21. (1) The portion of subsection 712(1) of
the Act before paragraph (a) is replaced by
the following:
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Claims for
loss of income
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712. (1) Subject to this section,
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R.S., c. 6 (3rd
Supp.), s. 84
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(2) The portion of subsection 712(1) of the
English version of the Act after paragraph
(f) is replaced by the following:
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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.
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(3) Section 712 of the Act is amended by
adding the following after subsection (3):
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Cause of
occurrence
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(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.
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R.S., c. 6 (3rd
Supp.), s. 84
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(4) Paragraph 712(8)(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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(5) The portion of subsection 712(8) of the
Act after paragraph (c) is replaced by the
following:
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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.
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R.S., c. 6 (3rd
Supp.), s. 84
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22. Paragraphs 716(1)(a) and (b) of the
Act are replaced by the following:
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R.S., c. 6 (3rd
Supp.), s. 84
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23. Subparagraphs 723(2)(b)(i) and (ii) of
the French version of the Act are replaced
by the following:
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1993, c. 36,
s. 20
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24. Section 723.1 of the Act is replaced by
the following:
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Failure to
comply with
direction
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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.
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R.S., c. 6 (3rd
Supp.), s. 84
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25. Subsection 725(2) of the Act is
replaced by the following:
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Failure to file
information
return
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(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.
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26. The Act is amended by adding, after
Schedule V, Schedule VI as set out in the
schedule to this Act.
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TRANSITIONAL PROVISIONS |
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Application of
former
sections 574
to 584
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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.
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Non- application of sections 574 to 582
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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.
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Meaning of
certain
expressions
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(2) In subsection (1),
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as it read immediately before the coming
into force of sections 4 to 25 of this Act.
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Application of
former Part
XVI
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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.
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Contributions
to
International
Fund
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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
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Meaning of
``1971 Fund
Convention''
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(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.
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COMING INTO FORCE |
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Coming into
force -
sections 1 to 3
and 26 to 28
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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.
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Coming into
force -
sections 4 to
25 and 29 and
30
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(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.
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