Bill S-2
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Claimant may
sue owner's
guarantor
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62. A claimant may commence an action
against a guarantor of the owner of a
Convention ship in respect of a matter referred
to in subsection 51(1) and, in that event,
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Registration of Foreign Judgments
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Definitions
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63. The definitions in this section apply in
this section and in sections 64 to 71.
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``foreign
judgment'' « jugement étranger »
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``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
occurrence after the entry into force of that
Convention for Canada.
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``judgment
creditor'' « bénéficiaire du jugement »
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``judgment creditor'' means a person in whose
favour a foreign judgment was rendered,
and includes the person's assigns, heirs,
executors, liquidators of the succession,
administrators and other legal
representatives.
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``judgment
debtor'' « débiteur »
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``judgment debtor'' means a person against
whom a foreign judgment was rendered,
and includes a person against whom the
foreign judgment is enforceable under the
law of the state in which it was rendered.
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Registration
of foreign
judgments
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64. (1) If a foreign judgment has been
rendered, the judgment creditor may, at any
time during which the foreign judgment is
enforceable in the state in which it was
rendered, apply to the Admiralty Court in
accordance with its rules to have the foreign
judgment registered in that Court.
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Court may
register
foreign
judgment
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(2) On an application made under
subsection (1), the Admiralty Court may,
subject to subsections (3) and (4) and section
67, order the registration of the foreign
judgment if it is satisfied
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If judgment
debtor
appears
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(3) If, under the rules of the Admiralty
Court, the judgment debtor appears at the
hearing of an application made under
subsection (1), that Court may not order the
registration of the foreign judgment if it is
satisfied that
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When
judgment
partly
satisfied
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(4) On any application made under
subsection (1), if the Court is satisfied that the
foreign judgment has been partly satisfied, the
foreign judgment shall be ordered to be
registered only in respect of the balance
remaining payable.
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Pre-registratio
n interest
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65. For the purpose of section 64, a foreign
judgment includes any interest, up to the day
of registration, that has accrued on it under the
law of the state in which it was rendered.
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Costs
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66. Reasonable costs incurred by the
judgment creditor related to the registration of
the foreign judgment, including the cost of
obtaining an exemplification or certified copy
of it from the foreign court, are recoverable in
the same manner as if they were amounts
payable under the foreign judgment, and the
costs shall be taxed by an assessment officer
of the Admiralty Court and the assessment
endorsed on the order for registration.
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Conversion to
Canadian
currency
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67. (1) A foreign judgment expressed in a
currency other than Canadian currency cannot
be registered under section 64 until the
Admiralty Court has determined the
equivalent amount in Canadian currency on
the basis of the rate of exchange prevailing on
the day on which the foreign judgment was
rendered, as ascertained from any bank in
Canada, and, for the purpose of making that
determination, that Court may require the
judgment creditor to provide any evidence of
the applicable rate of exchange that that Court
considers necessary.
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Registered
judgment to
be in
Canadian
currency
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(2) When the equivalent amount in
Canadian currency has been determined in
accordance with subsection (1), the Admiralty
Court shall certify on the order for registration
the amount so determined, and the foreign
judgment, when registered, is deemed to be a
judgment for payment of the amount so
certified.
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Effect of
registration
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68. Subject to section 69, a foreign
judgment registered under section 64 has, as
of the date of registration, the same force and
effect as a judgment of the Admiralty Court
rendered on that date.
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Service of
notice of
registration
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69. If a foreign judgment is registered under
section 64 after an ex parte hearing, execution
of the registered judgment may not issue until
the expiry of 30 days after the judgment debtor
has been served with a notice of registration of
the foreign judgment in the manner set out in
the rules of the Admiralty Court for the service
of originating documents.
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Application to
set aside
registration
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70. (1) At any time after a foreign judgment
has been registered under section 64, the
judgment debtor may apply to the Admiralty
Court, in accordance with its rules, to have the
registration of the judgment set aside on any
of the grounds set out in subsection (2).
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Grounds for
setting aside
registration
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(2) On an application by a judgment debtor
under subsection (1), the Admiralty Court
shall set aside the registration of the foreign
judgment if it is satisfied that
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Reduction of
registered
amount
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(3) If the Admiralty Court sets aside the
registration of a foreign judgment on the
ground that it had been partly satisfied, or on
a ground referred to in paragraph (2)(f) or (g),
it shall order the foreign judgment to be
registered in the reduced amount.
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Application
for stay of
execution
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71. (1) At any time after a foreign judgment
has been registered under section 64, the
judgment debtor may apply to the Admiralty
Court, in accordance with its rules, to have the
execution of the registered judgment stayed
on the grounds that an application to set aside
the registration has been made under
subsection 70(1), and, if that Court is satisfied
that the application has been made, it may stay
the execution of the judgment either
absolutely or for the period and on the terms
and conditions that it considers appropriate,
and may, on further evidence, vary or
terminate a stay of execution.
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Grounds
exclusive
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(2) Execution of a registered judgment may
not be stayed except on the grounds that an
application to set aside the registration has
been made under subsection 70(1).
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DIVISION 2 |
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COMPENSATION FOR POLLUTION |
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International Oil Pollution Compensation
Fund
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Legal capacity
of
International
Fund
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72. For the purposes of the rights and
obligations described in this Part, the
International Fund has the capacity, rights and
obligations of a natural person, and the
Director of the International Fund is its legal
representative.
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International
Fund to be
party to legal
proceedings
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73. If a claimant commences an action
against the owner of a Convention ship or the
owner's guarantor in respect of a matter
referred to in subsection 51(1),
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Method of
service on
International
Fund
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74. In addition to any method of service
permitted by the rules of the court in which a
proceeding referred to in section 73 is
commenced, service of documents on the
International Fund under paragraph 73(a) may
be effected by registered mail.
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Circumstances
in which
International
Fund is liable
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75. If there is an occurrence involving a
Convention ship, to the extent that a claimant
has been unable to obtain full compensation
under this Part from the ship's owner or the
owner's guarantor, the International Fund is,
subject to the provisions of the Fund
Convention, liable in accordance with Article
4 of that Convention.
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Contributions
by Canada to
International
Fund
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76. (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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(2) 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
Administra- tor
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(3) The Administrator may, for the purpose
of subsection (2),
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No
obstruction or
false
statements
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(4) No person shall obstruct or hinder the
Administrator in the exercise of any powers
under subsection (3) 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 living
quarters
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(5) Living quarters may not be entered
under subsection (3) unless they are entered
with the consent of the occupant or under the
authority of a warrant issued under subsection
(6).
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Authority to
issue warrant
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(6) On ex parte application, a justice, within
the meaning of section 2 of the Criminal Code,
may issue a warrant authorizing the
Administrator 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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Meaning of
``associated
persons''
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(7) If two bodies are affiliated with each
other within the meaning of section 2 of the
Canada Business Corporations Act, they are
deemed to be ``associated persons'' for the
purpose of the definition ``Associated person''
in subparagraph 2(b) of Article 10 of the Fund
Convention.
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Ship-source Oil Pollution Fund
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Ship-source
Oil Pollution
Fund
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77. (1) There is hereby established in the
accounts of Canada an account known as the
Ship-source Oil Pollution Fund.
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Credits
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(2) The following shall be credited to the
Ship-source Oil Pollution Fund:
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Charges
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(3) The following shall be charged to the
Ship-source Oil Pollution Fund:
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Interest to be
credited to
Fund
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78. The Minister of Finance shall, at the
times that the Governor in Council directs,
credit to the Ship-source Oil Pollution Fund
interest at a rate fixed by the Governor in
Council on the balance from time to time to
the credit of that Fund.
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Administrator and Deputy Administrator
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Appointment
of
Administra- tor
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79. (1) The Governor in Council shall
appoint an Administrator of the Ship-source
Oil Pollution Fund to hold office during good
behaviour for a term, not exceeding five years,
that is fixed by the Governor in Council,
subject to removal by the Governor in Council
for cause.
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Administra- tor eligible for reappointment
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(2) The Administrator is eligible for
reappointment on the expiry of the
Administrator's term of office.
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Administra- tor to be independent of Crown
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80. (1) The Administrator shall not, while
holding office, accept or hold any office or
employment inconsistent with the
Administrator's duties under this Part.
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Effect of
contravention
of subsection
(1)
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(2) If the Administrator contravenes
subsection (1), the Administrator's
appointment as Administrator is terminated
on a date fixed by the Governor in Council that
is not later than 30 days after notice of the
contravention is received by the Minister, but
the contravention does not affect the validity
of any act performed by the Administrator on
behalf of the Ship-source Oil Pollution Fund
between the date of the contravention and the
date that the appointment is terminated under
this subsection.
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Professional
and technical
aid
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81. The Administrator may, for the purpose
of performing duties under this Part, obtain the
professional, technical and other advice and
assistance that the Administrator considers
necessary.
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Costs,
expenses and
fees
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82. (1) On the direction of the Minister of
Finance, all costs and expenses incurred by the
Administrator in performing duties and
functions under this Part, and fees for services
rendered by the Administrator calculated in
accordance with a tariff prescribed by the
regulations, shall be paid out of the
Consolidated Revenue Fund and charged to
the Ship-source Oil Pollution Fund.
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Taxation
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(2) Assessment officers of the Admiralty
Court may, at the request of the Minister of
Justice, tax any account for costs, expenses or
fees submitted by the Administrator to the
Minister of Finance as if the Administrator
were acting for the Crown in proceedings in
that Court, but, on any such taxation, no fee
may be allowed in excess of that set out in the
tariff referred to in subsection (1).
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