text:
Convention means the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on November 19, 1976, as amended by the Protocol, Articles 1 to 15 of which Convention are set out in Part 1 of Schedule 1 and Article 18 of which is set out in Part 2 of that Schedule. (Convention)
créance maritime
maritime claim means a claim described in Article 2 of the Convention for which a person referred to in Article 1 of the Convention is entitled to limitation of liability. (créance maritime)
Protocol means the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976, concluded at London on May 2, 1996, Articles 8 and 9 of which are set out in Part 2 of Schedule 1. (Protocole)
26 Subject to the other provisions of this Part, Articles 1 to 15 of the Convention have the force of law in Canada.
Marginal note:Liability for ships under 300 tons
28 (1) The maximum liability for maritime claims that arise on any distinct occasion involving a ship with a gross tonnage of less than 300 tons, other than claims mentioned in section 29, is
(2) For the purposes of subsection (1), a ship's gross tonnage shall be calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969, concluded at London on June 23, 1969, including any amendments, whenever made, to the Annexes or Appendix to that Convention.
Marginal note:Passenger claims, no certificate
29 (1) The maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to passengers of a ship for which no certificate is required under Part V of the Canada Shipping Act is the greater of
(a) 2,000,000 units of account; and
(b) the number of units of account calculated by multiplying 175,000 units of account by the number of passengers on board the ship.
Marginal note:Passenger claims, no contract of carriage
(2) Notwithstanding Article 6 of the Convention, the maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to persons carried on a ship otherwise than under a contract of passenger carriage is the greater of
(a) 2,000,000 units of account, and
(b) 175,000 units of account multiplied by
(i) the number of passengers that the ship is authorized to carry according to its certificate under Part V of the Canada Shipping Act , or
(ii) if no certificate is required under that Part, the number of persons on board the ship.
(a) the master of a ship, a member of a ship's crew or any other person employed or engaged in any capacity on board a ship on the business of a ship; or
(b) a person carried on board a ship other than a ship operated for a commercial or public purpose.
Marginal note:Definition of "passenger"
(4) In subsection (1), passenger means a person carried on a ship in circumstances described in paragraph 2(a) or (b) of Article 7 of the Convention.
Marginal note:Definition of "unit of account"
(5) In subsections (1) and (2), unit of account means a special drawing right issued by the International Monetary Fund.
(2) For the purposes of subsection (1), a ship's gross tonnage shall be calculated in the manner described in subsection 28(2).
31 (1) The Governor in Council may, by order, declare that an amendment made in accordance with Article 8 of the Protocol to any of the limits of liability specified in paragraph 1 of Article 6 or paragraph 1 of Article 7 of the Convention has the force of law in Canada.
(2) The Governor in Council may, by order, amend the limits of liability set out in sections 28, 29 and 30.
(a) the definition ship in Article 1 of the Convention shall be read as including any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion and whether seagoing or not, but not including an air cushion vehicle; and
(i) the master of a ship, a member of a ship's crew or any other person employed or engaged in any capacity on board a ship on the business of the ship, and
(ii) a person carried on board a ship other than a ship operated for a commercial or public purpose.
39 The Governor in Council may make regulations requiring insurance or other financial security to be maintained to cover liability to passengers under this Part.
40 The Governor in Council may, by order, declare that an amendment made in accordance with Article VIII of the Protocol to any of the limits of liability specified in paragraph 1 of Article 7 or in Article 8 of the Convention, including the deductibles referred to in Article 8, has the force of law in Canada.
42 Nothing in this Part affects the operation of any other Part of this Act, or sections 389, 390, 585 and 586 of the Canada Shipping Act , or a provision of any other Act or regulation that limits the liability of owners of ships.
Administrator means the Administrator of the Ship-source Oil Pollution Fund appointed under section 79. (administrateur)
Convention sur la responsabilité civile
Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage, concluded at Brussels on November 29, 1969, as amended by the Protocol concluded at London on November 19, 1976 and the Protocol concluded at London on November 27, 1992. (Convention sur la responsabilité civile)
Convention ship
navire assujetti à la Convention
Convention ship means a seagoing ship, wherever registered,
(a) carrying, in bulk as cargo, crude oil, fuel oil, heavy diesel oil, lubricating oil or any other persistent hydrocarbon mineral oil; or
(b) on a voyage following any such carriage of such oil, unless it is proved that there is no residue of the oil on board. (navire assujetti à la Convention)
discharge, in relation to a pollutant, means any discharge of the pollutant that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)
Convention sur le Fonds international
Fund Convention means the International Convention on the Establishment of the International Fund for Compensation for Oil Pollution Damage, concluded at Brussels on December 18, 1971, as amended by the Protocol concluded at London on November 19, 1976 and the Protocol concluded at London on November 27, 1992. (Convention sur le Fonds international)
guarantor means a guarantor under a contract of liability insurance or other similar security relating to a shipowner's liability under section 51. (garant)
in bulk means in a hold or tank that is part of the structure of a ship, without any intermediate form of containment. (en vrac)
Fonds international
International Fund means the International Oil Pollution Compensation Fund established by the Fund Convention. (Fonds international)
Limitation of Liability Convention
Convention sur la limitation de responsabilité
Limitation of Liability Convention has the meaning ascribed to the word "Convention" in section 24. (Convention sur la limitation de responsabilité)
oil, except in sections 93 to 99, means oil of any kind or in any form and includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil. (hydrocarbures)
dommages dus à la pollution par les hydrocarbures
oil pollution damage, in relation to any ship, means loss or damage outside the ship caused by contamination resulting from the discharge of oil from the ship. (dommages dus à la pollution par les hydrocarbures)
owner means
(a) in relation to a Convention ship, the person who is registered as the owner of the ship or, if no person is so registered,
(i) the person who owns the ship, or
(ii) if the ship is owned by a state and operated by a company that is registered as the ship's operator in that state, that company; or
(b) in relation to any other ship, the person who has for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use. (propriétaire)
polluant
pollutant means
(a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or plant that is useful to humans; and
(b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or plant that is useful to humans,
and includes oil and any substance or class of substances identified by the regulations as a pollutant for the purposes of this Part. (polluant)
dommages dus à la pollution
pollution damage, in relation to any ship, means loss or damage outside the ship caused by contamination resulting from the discharge of a pollutant from the ship. (dommages dus à la pollution)
ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includes
(b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up. (navire)
Caisse d'indemnisation
Ship-source Oil Pollution Fund means the Ship-source Oil Pollution Fund established by section 77. (Caisse d'indemnisation)
Marginal note:Geographical application — general
48 (1) For ships other than Convention ships, this Part applies in respect of actual or anticipated pollution damage, irrespective of the location of the actual or anticipated discharge of the pollutant and irrespective of the location where any preventive measures are taken,
(a) on the territory of Canada or in Canadian waters; or
(b) in the exclusive economic zone of Canada.
Marginal note:Geographical application — Convention ships
(2) For Convention ships, this Part applies, subject to subsection (3), in respect of actual or anticipated oil pollution damage, irrespective of the location of the actual or anticipated discharge of the oil and irrespective of the location where any preventive measures are taken,
(a) on the territory of Canada or in Canadian waters;
(b) in the exclusive economic zone of Canada;
(c) on the territory or in the territorial sea or internal waters of a state other than Canada that is a party to the Civil Liability Convention; or
(d) in the exclusive economic zone of a state referred to in paragraph (c) or, if the state has not established an exclusive economic zone, in an area beyond and adjacent to the territorial sea of that state and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.
(3) Sections 84 and 85 do not apply in respect of actual or anticipated oil pollution damage in an area described in paragraph (2)(c) or (d).
49 (1) This Part does not apply to a drilling ship that is on location and engaged in the exploration or exploitation of the sea-bed or its subsoil in so far as a discharge of a pollutant emanates from those activities.
(2) This Part does not apply to a floating storage unit or floating production, storage and offloading unit unless it is carrying oil as a cargo on a voyage to or from a port or terminal outside an offshore oil field.
50 In the event of an inconsistency between the provisions of this Part and the provisions of the Arctic Waters Pollution Prevention Act or any regulations made under that Act, the provisions of this Part prevail to the extent of the inconsistency.
DIVISION 1Civil Liability for Pollution
Owners of Ships
51 (1) Subject to the other provisions of this Part, the owner of a ship is liable
(b) for costs and expenses incurred by
(i) the Minister of Fisheries and Oceans,
(ii) a response organization within the meaning of section 654 of the Canada Shipping Act ,
(iii) any other person in Canada, or
(iv) any person in a state, other than Canada, that is a party to the Civil Liability Convention,
in respect of measures taken to prevent, repair, remedy or minimize oil pollution damage from the ship, including measures taken in anticipation of a discharge of oil from the ship, to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures; and
(c) for costs and expenses incurred
(i) by the Minister of Fisheries and Oceans in respect of measures taken under paragraph 678(1)(a) of the Canada Shipping Act , in respect of any monitoring under paragraph 678(1)(b) of that Act or in relation to any direction given under paragraph 678(1)(c) of that Act, or
(ii) by any other person in respect of measures the person was directed to take or prohibited from taking under paragraph 678(1)(c) of the Canada Shipping Act ,
to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures.
(2) If oil pollution damage from a ship results in impairment to the environment, the owner of the ship is liable for the costs of reasonable measures of reinstatement actually undertaken or to be undertaken.
(3) The owner's liability under subsection (1) does not depend on proof of fault or negligence, but the owner is not liable under that subsection if the owner establishes that the occurrence
(c) was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids, in the exercise of that function.
(4) Nothing in this Part shall be construed as limiting or restricting any right of recourse that the owner of a ship who is liable under subsection (1) may have against another person.
(5) Costs and expenses incurred by the owner of a ship in respect of measures voluntarily taken by the owner to prevent, repair, remedy or minimize oil pollution damage from the ship, including measures taken in anticipation of a discharge of oil from the ship, to the extent that the measures taken and the costs and expenses are reasonable, rank equally with other claims against any security given by that owner in respect of the owner's liability under this section.
(a) if pollution damage occurred, before the earlier of
(i) three years after the day on which the pollution damage occurred, and
(ii) six years after the occurrence that caused the pollution damage or, if the pollution damage was caused by more than one occurrence having the same origin, six years after the first of the occurrences; or
(b) if no pollution damage occurred, within six years after the occurrence.
Marginal note:Admiralty Court has jurisdiction
52 (1) Subject to section 59, all claims under this Part may be sued for and recovered in the Admiralty Court.
(2) Subject to subsection (3), the jurisdiction conferred on the Admiralty Court by subsection (1) may be exercised in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court.
(c) a ship owned or operated by a state other than Canada, or any cargo carried on such a ship, with respect to a claim if, at the time the claim arose or the action is commenced, the ship was being used exclusively for non-commercial governmental purposes.
53 (1) If there is an occurrence that gives rise to liability of an owner of a ship under subsection 51(1),
(a) the Administrator may, either before or after receiving a claim under section 85, commence an action in rem against the ship that is the subject of the claim, or against any proceeds of sale of the ship that have been paid into court; and
(b) subject to subsection (3), the Administrator is entitled in any such action to claim security in an amount not less than the owner's maximum aggregate liability under section 54 or 55.
(2) The Administrator may continue an action referred to in subsection (1) only if the Administrator has become subrogated to the rights of the claimant under subsection 87(3).
(a) in the case of a Convention ship, a fund has been constituted under section 58; and
(b) in the case of any other ship, a fund has been constituted under Article 11 of the Limitation of Liability Convention.
Marginal note:Limitation of liability — Convention ships
54 (1) The maximum liability under section 51 of an owner of a Convention ship in respect of an occurrence is
(a) if the ship has a tonnage of not more than 5,000 tons, 4,510,000 units of account; and
(b) if the ship has a tonnage of more than 5,000 tons, 4,510,000 units of account for the first 5,000 tons and 631 units of account for each additional ton, not exceeding 89,770,000 units of account in the aggregate.
(2) An owner is not entitled to limitation of liability under subsection (1) if it is proved that the actual or anticipated oil pollution damage resulted from the personal act or omission of the owner, committed with the intent to cause the oil pollution damage or recklessly and with knowledge that the oil pollution damage would probably result.
(3) For the purpose of subsection (1), a ship's tonnage is the gross tonnage calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969, concluded at London on June 23, 1969, including any amendments, whenever made, to the Annexes or Appendix to that Convention.
(4) In paragraphs (1)(a) and (b), unit of account means a special drawing right issued by the International Monetary Fund.
(5) If amendments to the limits of liability specified in paragraph 1 of Article V of the Civil Liability Convention are made in accordance with Article 15 of the Protocol of 1992 concluded at London on November 27, 1992, the Governor in Council may, by order, on the recommendation of the Minister, amend the limits of liability set out in subsection (1) by the same amounts.
Marginal note:Limitation of liability — other ships
55 The maximum liability under section 51 of an owner of a ship other than a Convention ship in respect of an occurrence shall be as determined in accordance with Part 3.
Special Rules — Convention Ships
Marginal note:No damage in Canadian territory or Canadian waters
56 No action may be commenced in a court in Canada in relation to an occurrence that gives rise to liability of an owner of a Convention ship in respect of matters referred to in subsection 51(1) if
(a) the occurrence does not result in oil pollution damage on the territory of Canada, in Canadian waters or in the exclusive economic zone of Canada; and
(b) no costs, expenses, loss or damage described in paragraph 51(1)(b) or (c) are incurred in respect of actual or anticipated oil pollution damage in any of the areas described in paragraph (a).
Marginal note:Remedies exclusive
57 (1) The owner of a Convention ship is not liable for the matters referred to in subsection 51(1) otherwise than as provided by this Part.
Marginal note:Servants, etc., not liable
(2) Subject to subsection 51(4), none of the following persons is liable for the matters referred to in subsection 51(1) unless the actual or anticipated oil pollution damage resulted from a personal act or omission of theirs that was committed with intent to cause the damage or was committed recklessly and with knowledge that the damage would probably result:
(a) a servant or an agent of the owner of a Convention ship or one of its crew members;
(b) the pilot of a Convention ship or any other person who, without being a member of the crew, performs services for the Convention ship;
(c) a charterer, a manager or an operator of a Convention ship;
(d) any person using a Convention ship to perform salvage operations with the consent of the owner or on the instructions of a competent public authority;
(e) a person taking measures to prevent oil pollution damage from a Convention ship; or
(f) a servant or an agent of a person referred to in any of paragraphs (c) to (e).
Marginal note:Owners jointly and severally liable
(3) If two or more owners of Convention ships are liable for costs, expenses, loss or damage referred to in subsection 51(1), the owners of all those ships are jointly and severally liable, to the extent that the costs, expenses, loss or damage are not reasonably separable.
Marginal note:Shipowner's fund
58 (1) The owner of a Convention ship is not entitled to limitation of liability under subsection 54(1) unless the owner constitutes a fund, in this section referred to as the "shipowner's fund", in an amount equal to the limit of the owner's liability under that subsection.
Marginal note:Manner in which fund to be constituted
(2) A shipowner's fund may be constituted by the owner of a ship
(a) making a payment into court of the amount described in subsection (1); or
(b) filing with the court a guarantee or other security satisfactory to the court.
Marginal note:Distribution of fund
(3) A shipowner's fund shall be distributed among claimants in proportion to the amount of their established claims as determined by the court.
(4) If, before the distribution of a shipowner's fund, the owner of the Convention ship, or anyone on behalf of the owner, pays compensation in respect of any matters referred to in subsection 51(1) as a result of the occurrence in question, the person who pays the compensation is subrogated to the rights that the person compensated would have had under this Part.
Marginal note:Postponing distribution
(5) If the owner of a Convention ship, or a person who pays compensation on behalf of the owner, satisfies the court that, because of a claim that might later be established before a court of a state other than Canada that is not a party to the Civil Liability Convention,
(a) they may be compelled to pay compensation mentioned in subsection (4) after the distribution of the shipowner's fund, and
(b) they would enjoy a right of subrogation under subsection (4) if the compensation were paid before the distribution of the shipowner's fund,
the court may postpone the distribution of the portion of the shipowner's fund that it considers appropriate, having regard to the possibility that such a claim might be established.
Marginal note:Duplication of actions barred
59 If the owner of a Convention ship has constituted a shipowner's fund under section 58 with a court of a state other than Canada that is a party to the Civil Liability Convention, no action may be commenced or continued in any court in Canada in relation to the same occurrence in respect of matters referred to in subsection 51(1).
Marginal note:Certificate attesting to financial responsibility
60 (1) A Convention ship carrying, in bulk as cargo, more than 2,000 metric tons of crude oil, fuel oil, heavy diesel oil, lubricating oil or any other persistent hydrocarbon mineral oil shall not
(a) enter or leave a port in Canadian waters or in the exclusive economic zone of Canada or arrive at or leave an offshore terminal in Canadian waters or in the exclusive economic zone of Canada, or
(b) if the ship is registered in Canada, enter or leave a port in any other state, whether or not the state is a party to the Civil Liability Convention, or arrive at or leave an offshore terminal
(ii) in the exclusive economic zone of any such state or, if the state has not established an exclusive economic zone, in an area beyond and adjacent to the territorial sea of the state, and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured
unless a certificate described in Article VII of the Civil Liability Convention and subsection 61(1) has been issued in respect of the ship, showing that a contract of insurance or other security satisfying the requirements of that Article is in force in respect of the ship.
Marginal note:Government-owned ship
(2) In relation to a Convention ship owned by a state that is a party to the Civil Liability Convention and being used for commercial purposes, it is a sufficient compliance with subsection (1) if there is in force a certificate issued by the government of the state showing that the ship is owned by that state and that any liability for pollution damage as defined in Article I of that Convention will be met up to the limit stipulated in Article V of that Convention.
Marginal note:Certificate to be carried on board
(3) A certificate referred to in subsection (1) or (2) must be carried on board the Convention ship to which it relates.
Marginal note:Certificate to be produced on demand
(4) The master of a Convention ship or any other person on board shall produce the certificate or give details of it at the request of any authorized officer of the Government of Canada.
61 (1) The certificate referred to in subsection 60(1)
(a) must be a certificate issued by the Minister, if the Convention ship is registered in Canada;
(b) must be a certificate issued by or under the authority of the government of the state of registration, if the Convention ship is registered in a state other than Canada that is a party to the Civil Liability Convention; or
(c) must be a certificate issued or recognized by the Minister, if the Convention ship is registered in a state other than Canada that is not a party to the Civil Liability Convention.
(2) On an application to the Minister for a certificate referred to in subsection 60(1) in respect of a Convention ship registered in Canada or registered in a state other than Canada that is not a party to the Civil Liability Convention, the Minister shall, subject to subsection (3), issue such a certificate to the owner of the ship if the Minister is satisfied that a contract of insurance or other security satisfying the requirements of Article VII of the Civil Liability Convention will be in force in respect of the ship throughout the period for which the certificate is issued.
(3) If the Minister believes that the guarantor will be unable to meet the guarantor's obligations under the contract of insurance or other security referred to in subsection 60(1), or that the insurance or other security will not cover the owner's liability under section 51, the Minister may refuse to issue the certificate referred to in subsection 60(1).
Marginal note:Claimant may sue owner's guarantor
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,
(a) the guarantor is entitled to establish the defences affecting the owner's liability set out in subsection 51(3) and, in addition, may establish as a defence that the occurrence resulted from the wilful misconduct of the owner;
(b) the guarantor may not plead as a defence the bankruptcy or winding-up of the owner;
(c) irrespective of whether the owner is entitled to limitation of liability, the guarantor is entitled to limitation of liability in respect of claims made by virtue of this section to the same amount and in like manner as an owner is entitled to limitation of liability under this Part; and
(d) if the owner of a Convention ship and the guarantor each applies to the Admiralty Court in accordance with subsection 58(2) in order to limit their liability, any amount paid into court or filed as a guarantee pursuant to either application shall be treated as paid or filed also pursuant to the other application.
63 The definitions in this section apply in this section and in sections 64 to 71.
jugement étranger
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. (jugement étranger)
bénéficiaire du jugement
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. (bénéficiaire du jugement)
débiteur
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. (débiteur)
Marginal note:Registration of foreign judgments
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.
(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
(b) that the foreign judgment is not under appeal and is no longer subject to appeal in the state in which it was rendered.
(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
Marginal note:When judgment partly satisfied
(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.
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.
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.
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.
(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.
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.
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.
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).
(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
(a) the foreign judgment had been fully or partly satisfied;
(h) for any other reason that Court erred in registering the foreign judgment.
(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.
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.
(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).
DIVISION 2Compensation for Pollution
International Oil Pollution Compensation Fund
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.
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),
(a) the document commencing the proceedings shall be served on the International Fund and the International Fund is then a party to the proceedings; and
(b) the International Fund may appear and take any action that its Director considers appropriate for the proper administration of the International Fund.
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.
Marginal note:Circumstances in which International Fund is liable
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.
Marginal note:Contributions by Canada to International Fund
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.
(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.
Marginal note:Powers of Administrator
(3) The Administrator may, for the purpose of subsection (2),
(a) at any reasonable time, enter any premises where the Administrator believes on reasonable grounds that there are any records, books, accounts, vouchers or other documents relating to information referred to in Article 15 of the Fund Convention;
(b) examine anything on the premises and copy or take away for further examination or copying any record, book, account, voucher or other document that the Administrator believes, on reasonable grounds, contains any such information; and
(c) require the owner, occupier or person in charge of the premises to give all reasonable assistance in connection with the examination and to answer all proper questions relating to the examination and, for that purpose, require the owner, occupier or person in charge to attend at the premises with the Administrator.
(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.
Marginal note:Warrant required to enter living quarters
(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).
(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
(a) is necessary for the purposes of subsection (2); and
(b) has been refused or there are reasonable grounds to believe that it will be refused.
Marginal note:Meaning of "associated persons"
(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.
Marginal note:Ship-source Oil Pollution Fund
77 (1) There is hereby established in the accounts of Canada an account known as the Ship-source Oil Pollution Fund.
(a) all payments received under sections 93 and 99;
(b) interest computed in accordance with section 78; and
(c) any amounts recovered by the Administrator under paragraph 87(3)(c).
(a) all amounts that are directed by the Administrator to be paid under section 76, paragraph 87(3)(a), paragraph 89(1)(a), subsection 89(6) or under a settlement;
(b) all amounts for which the Administrator is liable under subsection 76(2);
(c) all interest paid under section 101;
(d) all costs and expenses that are directed to be paid under section 82;
(e) the remuneration and expenses of assessors that are directed to be paid under subsection 89(2); and
(f) the amount of any judgment and any costs awarded against that Fund in litigation.
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.
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.
Marginal note:Administrator eligible for reappointment
(2) The Administrator is eligible for reappointment on the expiry of the Administrator's term of office.
Marginal note:Administrator to be independent of Crown
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.
Marginal note:Effect of contravention of subsection (1)
(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.
Marginal note:Professional and technical aid
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.
Marginal note:Costs, expenses and fees
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.
(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).
Marginal note:Eligibility for re-appointment
(2) The Deputy Administrator is eligible for reappointment on the expiry of the Deputy Administrator's term of office.
Marginal note:Absence, etc., of Administrator
(3) If the Administrator is absent or incapacitated or the office of Administrator is vacant, the Deputy Administrator has all the powers and duties of the Administrator.
Marginal note:Application of sections 80 and 82
(4) Sections 80 and 82 apply to the Deputy Administrator, with any modifications that the circumstances require.
84 Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable for the matters referred to in subsection 51(1) in relation to oil, if
(a) all reasonable steps have been taken to recover payment of compensation from the owner of the ship and, in the case of a Convention ship, from the International Fund and have been unsuccessful;
(b) the owner is not liable by reason of any of the defences described in subsection 51(3) and the International Fund is not liable either;
(i) in the case of a Convention ship, the owner's maximum liability under this Part to the extent that the excess is not recoverable from the International Fund, and
(ii) in the case of a ship other than a Convention ship, the owner's maximum liability under Part 3;
(d) the owner is financially incapable of meeting the owner's legal obligations under subsection 51(1), to the extent that the obligation is not recoverable from the International Fund;
(e) the cause of the oil pollution damage is unknown and the Administrator has been unable to establish that the occurrence that gave rise to the damage was not caused by a ship; or
(f) the Administrator is a party to a settlement under section 90.
Claims Arising under Section 51
85 (1) In addition to any right against the Ship-source Oil Pollution Fund under section 84, a person who has suffered loss or damage or incurred costs or expenses referred to in subsection 51(1) in respect of actual or anticipated oil pollution damage may file a claim with the Administrator for the loss, damage, costs or expenses.
Marginal note:Time limits
(2) Unless the Admiralty Court fixes a shorter period under paragraph 92(a), a claim under subsection (1) must be made
(a) within two years after the day on which oil pollution damage occurred and five years after the occurrence that caused that damage, or
(b) if no oil pollution damage occurred, within five years after the occurrence in respect of which oil pollution damage was anticipated.
(3) Subsection (1) does not apply to a response organization referred to in subsection 51(1)(b) or a person in a state other than Canada.
Marginal note:Duties of Administrator
86 (1) On receipt of a claim under section 85, the Administrator shall
(a) investigate and assess the claim; and
(b) make an offer of compensation to the claimant for whatever portion of the claim the Administrator finds to be established.
(3) In investigating and assessing a claim, the Administrator may consider only
(a) whether the claim is for loss, damage, costs or expenses referred to in subsection 85(1); and
(b) whether the claim resulted wholly or partially from
(ii) the negligence of the claimant.
(4) 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.
(5) The Administrator shall reduce or nullify any amount that the Administrator would have otherwise assessed in proportion to the degree to which the Administrator is satisfied that the claim resulted from
(b) the negligence of the claimant.
87 (1) If the Administrator makes an offer of compensation to a claimant under section 86, the claimant shall, within 60 days after receiving the offer, notify the Administrator whether the claimant accepts or refuses it and, if no notification has been received by the Administrator at the end of that period, the claimant is deemed to have refused the offer.
(2) A claimant may, within 60 days after receiving an offer of compensation from the Administrator or a notification that the Administrator has disallowed the claim, appeal the adequacy of the offer or the disallowance of the claim to the Admiralty Court, but in an appeal from the disallowance of a claim that Court may consider only the matters described in paragraphs 86(3)(a) and (b).
(3) If a claimant accepts an offer of compensation from the Administrator under section 86,
(a) the Administrator shall without delay direct payment to the claimant of the amount of the offer out of the Ship-source Oil Pollution Fund;
(b) the claimant is then precluded from pursuing any rights that the claimant may have had against any person in respect of matters referred to in subsection 51(1) in relation to the occurrence to which the offer of compensation relates;
(c) the Administrator is, to the extent of the payment to the claimant, subrogated to any rights of the claimant mentioned in paragraph (b); and
(d) the Administrator shall take all reasonable measures to recover the amount of the payment from the owner of the ship, the International Fund or any other person liable and, for that purpose, the Administrator may commence an action in the name of the Administrator or the claimant and may enforce any security provided to or enforceable by the claimant, including any claim against a shipowner's fund established under subsection 58(1).
88 (1) In this section, "fish", "fishing" and "fishing vessel" have the same meaning as in section 2 of the Fisheries Act .
(f) a worker in a fish plant in Canada, excluding, except in the case of a familytype co-operative operation that has a total annual throughput of less than 1,400 metric tons or an annual average number of employees of fewer than 50, a person engaged exclusively in supervisory or managerial functions.
(3) Subject to this section, a claimant who has suffered or will suffer a loss of income, or loss of a source of food or animal skins in the case of a person described in paragraph (2)(d), resulting from a discharge of oil from a ship and not recoverable otherwise under this Part may file a claim with the Administrator for that loss or future loss
(a) within three years after the day on which 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
(b) within six years after the occurrence that caused the discharge.
(i) are Canadian citizens or permanent residents of Canada within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , in the case of an individual, or
Marginal note:Time for filing claim may be shortened
(6) The period mentioned in subsection (3) for filing a claim under that subsection may be shortened by order of the Admiralty Court under paragraph 92(a).
Marginal note:Responsibility of Administrator
89 (1) On receipt of a claim filed under subsection 88(3), the Administrator shall
(a) if the Administrator considers the action appropriate for the proper administration of the Ship-source Oil Pollution Fund, direct payment of the amount of the loss alleged in the claim or otherwise agreed on between the Administrator and the claimant; or
(2) On receipt of a claim from the Administrator under paragraph (1)(b), the Minister shall,
(3) For the purpose of assessing a loss alleged by a claimant under section 88, an assessor or assessors, in this section referred to as the "assessor",
(c) in so doing, has all the powers of a commissioner under Part I of the Inquiries Act .
(4) The assessor shall, within 60 days after the assessor's appointment or within any longer period that is agreed to by the Minister, report to the Minister whether, in his or her opinion, the following requirements have been met:
(c) the loss is not recoverable otherwise under this Part.
(5) If the assessor reports that the requirements of paragraphs (4)(a) to (c) have been met, the report must set out the amount of the loss as assessed by the assessor.
(6) On receipt of the report, the Minister shall without delay forward a copy of it to the claimant and to the Administrator, who shall direct payment to the claimant out of the Ship-source Oil Pollution Fund of an amount equal to the amount, if any, of the assessed loss set out in the report.
Proceedings against Shipowner
Marginal note:Proceedings under section 51
90 (1) If a claimant commences proceedings against the owner of a ship or the owner's guarantor in respect of a matter referred to in subsection 51(1), except in the case of proceedings commenced by the Minister of Fisheries and Oceans under paragraph 51(1)(c) in respect of a pollutant other than oil,
(a) the document commencing the proceedings shall be served on the Administrator by delivering a copy of it personally to the Administrator, or by leaving the copy at the Administrator's latest known address, and the Administrator is then a party to the proceedings; and
(b) the Administrator shall appear and take any action, including being a party to a settlement either before or after judgment, that the Administrator considers appropriate for the proper administration of the Ship-source Oil Pollution Fund.
Marginal note:When Administrator is a party to a settlement
(2) If the Administrator is a party to a settlement under paragraph (1)(b), the Administrator shall direct payment to the claimant of the amount that the Administrator has agreed to pay under the settlement.
Limit of Liability of Ship-source Oil Pollution Fund
Marginal note:Limit of liability of Ship-source Oil Pollution Fund in first year
91 (1) The maximum aggregate liability of the Ship-source Oil Pollution Fund under sections 84, 86 and 88 and under any settlement, in respect of any particular occurrence, is
(a) $100,000,000 if the occurrence took place in the year ending March 31, 1990; or
(b) if the occurrence takes place in any following year, an amount calculated in accordance with subsection (2).
Marginal note:Annual adjustment of limit of liability
(2) The $100,000,000 limit of liability referred to in paragraph (1)(a) shall be adjusted annually so that the limit of liability arising out of any given occurrence that takes place in any following year is an amount equal to the product obtained by multiplying
(a) the limit of liability that would have been applicable for that following year if no adjustment had been made under this section with respect to that following year
(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
Marginal note: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
Marginal note:Administrator 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
Marginal note: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.
Marginal note: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.
Marginal note: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.
(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.
Marginal note: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.
(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
(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.
Marginal note:Discontinuation 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.
(2) The non-imposition, discontinuation or re-imposition of the levy under subsection (1) does not affect the operation of section 94.
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.
Marginal note: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.
(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.
(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.
Marginal note: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.
Marginal note:Warrant to enter living quarters
(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
(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.
(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.
(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.
(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.
Marginal note:Obstruction, false statements
Marginal note: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.
Marginal note:Annual report of Administrator
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.
Marginal note: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
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.
(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.
102 The Governor in Council may, on the recommendation of the Minister, make regulations
(a) prescribing anything that by this Part is to be prescribed by the regulations; and
Offences and Punishment
Marginal note:Evidence of financial responsibility
103 (1) Any person who fails to produce a certificate or give details of it as and when required under subsection 60(4) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000.
Marginal note:Detention of ship
(2) A pollution prevention officer, designated pursuant to section 661 of the Canada Shipping Act , who has reasonable grounds for believing that an offence under subsection (1) has been committed in respect of a ship may make a detention order in respect of that ship, and section 672 of that Act applies to such a detention order with any modifications that the circumstances require.
Marginal note:Evading payment of levy
104 (1) Any person who wilfully evades or attempts to evade payment of an amount payable under section 93 is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.
Marginal note:Failure to file information return
(2) Any person who fails to file an information return as and when required by regulations made under paragraph 96(b) or (c), containing substantially the information required to be included in the return, is guilty of an offence and liable on summary conviction to a fine not exceeding $100 for each day of default.
Marginal note:Failure to keep books and accounts
(3) Any person who contravenes section 97 is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.
Marginal note:Falsifying or destroying books
(4) Any person who knowingly destroys, mutilates or falsifies, or who knowingly makes any false entry or statement in, any record, book of account or other document required to be kept under section 97 is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.
Marginal note:Obstruction or false statements
(5) Any person who contravenes subsection 76(4) or 98(9) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.
105 When a person is charged with having committed an offence under this Part, any court in Canada that would have had cognizance of the offence if it had been committed by a person within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there.
PART 7Validation of Certain By-laws and Regulations
By-laws under the Canada Ports Corporation Act
Marginal note:By-laws deemed to be valid
106 Each of the following by-laws is deemed for all purposes to have been validly made and to have had the same force and effect as if it had been made in accordance with the Canada Ports Corporation Act , and any harbour dues collected before the coming into force of this section under the authority purported to be granted by the by-law are deemed to have been validly collected:
(a) by-law amending the Harbour Dues Tariff By-law , made by Order in Council P.C. 1983-3905 of December 8, 1983, and registered as SOR/83-934;
(b) by-law amending the Pacific Harbour Dues Tariff By-law , made by Order in Council P.C. 1983-3906 of December 8, 1983, and registered as SOR/83-935; and
(c) by-law amending the Pacific Harbour Dues Tariff By-law , made by Order in Council P.C. 1985-541 of February 14, 1985, and registered as SOR/85-190.
Regulations under the Pilotage Act
Marginal note: Laurentian Pilotage Tariff Regulations, 1992
107 The Laurentian Pilotage Tariff Regulations, 1992 , made by Order in Council P.C. 1994-1508 of September 7, 1994, and registered as SOR/94-588, are deemed for all purposes to have been made on July 4, 1994 by the Laurentian Pilotage Authority with the approval of the Governor in Council under section 33 of the Pilotage Act , and any pilotage charges collected before the coming into force of this section under the authority purported to be granted by those Regulations are deemed to have been validly collected.
PART 8Transitional, Consequential Amendments, Conditional Amendment, Repeal and Coming into Force
Marginal note:Part 4
108 Part 4 applies in respect of
(a) carriage by water under contracts of carriage entered into after that Part comes into force; and
(b) carriage by water, otherwise than under contracts of carriage, commencing after that Part comes into force.
109. to 128 [Amendments]
Conditional Amendment
130 [Repeal]
*131 (1) The provisions of this Act, other than sections 45 and 129, come into force 90 days after the day on which this Act receives royal assent or on any later day or days previously fixed by order of the Governor in Council.
Marginal note:Section 45
(2) The subsections of section 45 come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote *[Note: Sections 1 to 44, 46 to 128, 130 in force August 8, 2001; section 129 in force on assent May 10, 2001; section 45 not in force.]
SCHEDULE 1(Section 24)
(i) 2 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,
51 - DIVISION 1 - Civil Liability for Pollution
51 - Owners of Ships
56 - Special Rules — Convention Ships
72 - DIVISION 2 - Compensation for Pollution
72 - International Oil Pollution Compensation Fund
84 - Liability of Ship-source Oil Pollution Fund
85 - Claims Arising under Section 51
88 - Claims for Loss of Income
90 - Proceedings against Shipowner
91 - Limit of Liability of Ship-source Oil Pollution Fund
92 - Application to Court for Directions
93 - Payments into the Ship-source Oil Pollution Fund
100 - Annual Report
101 - Interest on Claims
103 - Offences and Punishment
106 - PART 7 - Validation of Certain By-laws and Regulations
106 - By-laws under the Canada Ports Corporation Act
107 - Regulations under the Pilotage Act
108 - PART 8 - Transitional, Consequential Amendments, Conditional Amendment, Repeal and Coming into Force
108 - Transitional
109. to 128 - Consequential Amendments
129 - Conditional Amendment
130 - Repeal


text:
George IV Lasja (Georgisch: გიორგი IV ლაშა, ლაშა გიორგი, Lasja IV Giorgi) (1192 - 18 januari 1223) uit het huis Bagrationi, was koning van Georgië van 1213 tot 1223.

Hij was de zoon van Koningin Tamara van Georgië en David Soslani en werd tot mederegent benoemd door zijn moeder in 1207. Hij zette het beleid van zijn moeder voort en versterkte de feodale staat van Georgië, dat in de tijd van zijn moeder en van hem een bloeitijd beleefde. In de jaren 1210 sloeg hij een aantal opstanden neer in de moslim-vazalstaten en begon voorbereidingen te treffen om een grootschalige campagne naar Jeruzalem te beginnen ter ondersteuning van de Vijfde Kruistocht in 1220. Van deze plannen kwam echter niets terecht omdat Georgië onverwacht het doelwit bleek van een Mongoolse invasie onder Subedei. Hoewel de Mongolen tweemaal het land binnenvielen en de hoofdstad Tbilisi bedreigden en de Georgische ridderschap vernietigden, waren ze ook alweer snel verdwenen. Het was namelijk eerder een verkennings- dan een veroveringstocht, hoewel de Georgiërs dat niet wisten. In de laatste slag werd George zwaargewond en hij overleed uiteindelijk aan zijn verwondingen, zijn koninkrijk overlatend aan zijn zuster Roesoedan.

George Lasja stond bekend als een ruimdenkend mens en wordt gezien als een wijs man en een dapper soldaat, maar zijn interesse in mystiek en soefisme was niet erg in trek bij conservatieve feodale kringen. De adel en de kerkleiders weigerden zijn vrouw, die niet van adellijke afkomst was te aanvaarden en hij zag zich gedwongen van haar te scheiden. Hij had een zoon David, die later als David VII Oeloe op de troon zou komen.

Koning van Georgië
Huis Bagrationi
Persoon in de 13e eeuw

redpajama_set_name: RedPajamaWikipedia


text:
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Programs that help the child welfare system improve well-being through better assessment and the exclusive use of high quality providers that offer a range of services during and after care.
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Funding Categories
Our funding is divided into three broad categories.
Replicating success grants reflect the value we place on proven programs and effective practices. Proven programs are those with at least two randomized control trials with results demonstrating effectiveness that have been replicated in a real-world setting.
Effective practices are all other programs whose evidence of effectiveness consists of only one randomized control trial, comparison group data, pre- and post-test results or other types of data.
As we work to address persistent social problems, expand individual opportunity and provide essential support, we value established approaches with clear records of success and replicable models, including:
Parent-Child Interaction Therapy (PCIT)
Positive Parenting Program (Triple-P)
The Incredible Years
Trauma-Focused Cognitive Behavioral Therapy (TF-CBT)
Other proven approaches will be considered as well.
Strengthening organizations grants reflect our commitment to building the infrastructure of effective organizations and institutions. In our efforts to improve facilities, systems, management and operations, we are particularly interested in supporting opportunities that show great promise for long-term gains.
Advancing innovation grants reflect our investment in projects that advance innovation when high-achieving, successful models are lacking.
Phillip H. Redmond Jr.
Director of Child Care
Tamika D. Williams
Kate A. Gaskin
Senior Administrative Specialist
Currently there are no events scheduled for this program area.
Child Care Brochure (pdf)
Supporting Families with Services and Care
Helping Clients Find Hope and Healing
Opening their Home and Hearts
Harvard Expert Explains Adverse Childhood Experiences
Building Skills for Foster Parents
To equip children and families with skills to ensure that children reach developmental milestones to lead successful lives.
Out-of-home care for youth
To drive child welfare systems toward greater accountability for child well-being.
Quality and safety of health care
Improving the quality and safety of health care delivery
Improving health by increasing access to comprehensive care
Expanding programs to promote health and prevent disease
Enhancing academic excellence through program and campus development
Educational access and success
Increasing educational access and supporting a learning environment that promotes achievement
Campus and community engagement
Promoting a culture of service, collaboration and engagement among schools and communities
Rural church development
Building the infrastructure and capacity of United Methodist churches to enhance ministry and mission
Clergy leadership
Strengthening United Methodist churches by improving the quality and effectiveness of church leadership
Congregational outreach
Engaging United Methodist congregations in programs that serve their communities
Zero to Eight Emphasis
Confronting the challenges crippling today's families and communities in early childhood, before they take root.
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Health 10:43, 14-Jan-2021
Indonesia begins rollout of Chinese COVID-19 vaccine
Updated 11:59, 14-Jan-2021
By Silkina Ahluwalia
Indonesia is preparing to roll out its COVID-19 vaccination program as the country continues to struggle to contain the raging pandemic. The coronavirus vaccine developed by China's Sinovac Biotech is the first of its kind being distributed in Indonesia.
Indonesia's President Joko Widodo along with several healthcare workers and front-liners were among the first to receive doses of the vaccine.
The country's phase three trial results show that the vaccine has an efficacy rate of 65.3 percent, higher than Brazil's 50.4 percent and lower than Turkey's 91 percent.
"The vaccine meets the requirements of the World Health Organization (WHO) of a minimum efficacy of 50 percent. An efficacy rate of 65.3 percent from our clinical test shows there is hope that this vaccine can decrease the rate of COVID-19 infection by 65.3 percent," said Penny Lukito, the country's Food and Drug Agency chief.
Three million doses of the vaccine will be available under the first phase of the mass vaccination program. Unlike other countries, Indonesia will not be prioritizing its elderly population.
Widodo said doctors, nurses and people working in high-risk areas should be the first ones to receive priority immunization.
Indonesia's President Joko Widodo was among the first people to receive early doses of the COVID-19 vaccine developed by China's Sinovac Biotech. /CGTN
Erlina Burhan of the Indonesia Doctor Association said the government is aiming to reach herd immunity in just 15 months.
"We have distributed the vaccine to 14 provinces so far. Through this vaccine, we are hoping to reduce the infection rate and to increase herd immunity. We aim to vaccinate 70 percent of the population, around 181 million people. For them to reach herd immunity, we believe each person should receive two doses of the vaccine," said Erlina.
However, in a vast archipelagic country like Indonesia, distributing the vaccine comes with challenges.
Dicky Budiman, an epidemiologist at Griffith University in Australia, said Indonesia's biggest challenge is its topography.
"We have 17,000 islands and we are separated by the sea so it is not easy to deliver the vaccine. Logistics will be an issue, transportation will be an issue, and also human resources. We have to prepare, train and collect these human resources, dealing not only to give the jab but to also deliver," he said.
The delivery also includes public health campaigns across the nation. Because of Indonesia's lower efficacy rate compared to other countries that are also distributing Sinovac, people might struggle with accepting the vaccine's safety.
Budiman said the government needs to push their campaigns nationwide to make sure people in smaller regions also understand the necessity of the vaccine to reducing COVID-19 infections.
Another big component for Indonesia is the halal certification. As a Muslim-majority nation, many people would trust a product only if it is deemed clear and halal under Islamic law as well. Fortunately, the Sinovac vaccine passed the test under Indonesia's Ulema Council which declared it safe and halal and ready to use for emergency inoculations.


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Australia's Wong says China meeting a "first step" in stabilising relationship
Kirsty Needham
8 July 2022, 12:57 am ·2-min read
FILE PHOTO: Australia part of Asia, minister says on visit to Malaysian birthplace
By Kirsty Needham
SYDNEY (Reuters) -Australian Foreign Minister Penny Wong said a meeting with her Chinese counterpart was "a first step towards stabilising the relationship" but it would take time for Beijing to remove trade "blockages" on Australia.
Chinese Foreign Minister Wang Yi met Wong on the sidelines of the G20 meeting in Bali on Friday evening, the first meeting between foreign ministers of the major trading partners in three years.
"We both recognised it is a first step," Wong told reporters after the meeting.
She had raised the cases of detained Australian journalists Cheng Lei and Yang Hengjun, and the "trade blockages" China has imposed on Australian products, she said.
"It remains the government's position that those trade blockages should be removed," she said.
China is Australia's largest trading partner and the biggest customer for its iron ore, but relations have deteriorated in recent years.
China imposed trade sanctions on Australian products ranging from coal to seafood and wine in response to policies and decisions such as Canberra's call for an investigation into the origins of COVID-19, its 5G network ban on Huawei, and foreign interference investigations.
Beijing has called for Australia to take "concrete actions" to restart the relationship.
"We are a government that has made certain decisions on the basis of our national interests and our national security and our sovereignty and we won't be resiling from those," Wong said.
It was in Australia's and China's interests for the relationship to be stabilised, however "that's going to take time," she added.
Chinese foreign ministry spokesman Zhao Lijian told reporters ahead of the meeting on Friday that "a sound and steady China-Australia relationship is in the interests of both peoples".
"A steady and healthy political relationship is the prerequisite and guarantee for practical cooperation. There is no auto-pilot mode for improving China-Australia relations," he said at a regular briefing in Beijing.
The meeting between Australia and China in Bali comes days ahead of a Pacific islands leaders' meeting in Fiji. China's push to extend its security ties in the South Pacific, which is opposed by Australia, will be discussed at the meeting in Fiji.
The "frank" discussion with Wang also covered the security and stability of the region, Wong said.
On Friday, Australia's Prime Minister Anthony Albanese said the Pacific region was in a period of strategic competition and China had become "more aggressive".
"Australia's position is that we will continue to engage and co-operate, we want to co-operate with China where we can. But we will stand up for Australian values when we must," he told reporters in Sydney.
(Reporting by Kirsty Needham in Sydney and Yew Lun Tian in Beijing; Editing by Simon Cameron-Moore, Sam Holmes, Peter Graff)
Mum guilty again of ex-teacher's murder
After facing her third murder trial, Ammie Douglass has once more been found guilty of killing a retired school teacher before stealing cash from his home west of Sydney.The Lithgow mother of two is due to appear for a NSW Supreme Court sentence hearing on Thursday where arguments will be made about how much jail time should be imposed for the 2016 murder of Christopher Whiteley.
Aussie reporter breaks down in tears on live TV: 'You don't care'
The reporter is hopeful the attention his area is getting will lead to meaningful, longterm change. Find out more here.
Feral brumbies rampant in Kosciuszko
Kosciuszko National Park's feral brumby population has exploded by 30 per cent in two years, calling into question a government target to vastly reduce numbers.The latest survey released on Friday estimated there were 18,814 horses in the park in November 2022, compared to 14,380 in late 2020.


Which rooms in your home do you spend the most time in? For most, it's definitely the kitchen and bathrooms. Even if you are not planning on selling your home anytime soon, one of the big questions most people ask us is which rooms they should have renovated to increase the overall value of the house. If you decide to invest your time and money into remodeling your home, make sure that you're investing in a project that will add value to your home and give you the return on investment needed to sell. Because they are usually the first thing buyers look at when touring a property, remodeling the kitchen and/or bathrooms is a guaranteed way to add increased value to your home.
The kitchen is truly the heart of the home. A well-done kitchen can completely transform the feel of a home; however, certain improvements can provide a higher return on your investment than others. Depending on the extent of your kitchen remodels, you could recoup as much 70 percent of your total renovation costs. This will be apparent to potential buyers when you are ready to sell the house, and immediately make it more attractive to them.
There are certain things you should keep in mind when planning your kitchen makeover. Make sure your kitchen is bright and has an open space. Adding windows above the sink is a great way to make the space brighter. When choosing your countertops, go for granite or pulverized quartz that looks like granite. Lastly, keep the style and color scheme simple. Think neutral for countertops, cabinets, floors, backsplashes and appliances. This ensures that any buyer could potentially see their style working in the space.
We all know we can't live without our bathrooms. Whether it's a half-bath for guests or a grand master bath, luxurious touches can go a long way. By replacing outdated features with modern appliances and fixtures (like energy efficient baths, toilets and sinks), you can potentially increase the value of your home by thousands of dollars. In addition to getting a higher return, you will be able to sell your house much more easily when the time comes.
Outdated features are not the only turn off to potential buyers when it comes to the bathroom, it can also hurt the sale if there are too few for the size of the house. For instance, if you only have one bathroom in your home, don't spend time remodeling. Invest your time and money into adding a second bathroom, automatically increasing the value of your home.
At Luxury Bath & Kitchens, we are not just the designer, the contractor or the supplier… we are all three! Our mission is to make your visions for your home become a reality. We work with you to inspire, brainstorm and build your dream bathroom or kitchen. With our in-house construction crews, you know that the integration from concept to construction will be as seamless as possible with our never-ending commitment to communication and quality. Contact us today to begin your kitchen or bathroom remodeling process and increase the value of your home.


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Marine engineering engineers create engineered floor to create an inner city building
A project in the US that has been likened to a "sea floor" has been described as an engineering masterpiece.
The engineering firm responsible for the design of a new structure in New York City said it would help solve some of the biggest problems facing the city's inner city, as well as the problems facing many of the other major cities around the country.
"We think this is the most important project of its kind in our history," John Azzopardi, CEO of the firm Marine Engineers Inc, told ABC News.
"This will be a sea floor.
It will not be an asphalt floor," he added.
The firm, which has designed and constructed buildings in New Orleans, Chicago, Philadelphia, Philadelphia and the Philippines, will build the building using a combination of wood, concrete, metal and other materials to achieve the design, the firm said.
It's a project that will provide affordable housing, housing options and an area for social and recreational activities.
The project, which will also be used for schools, schools, churches and other institutions, will help to create a community and allow people to work, live and learn, the company said in a press release.
Azzopardo said that while many of New York's problems can be solved by simply building a building with more parking, there are more pressing issues that need to be addressed.
"In many areas of New America, we've had housing and school affordability issues, but we haven't had social, recreational, and educational problems," he said.
"That needs to change."
The company said that the $1 billion project will create 300,000 new housing units and about 3,000 jobs.
It also aims to help alleviate congestion and traffic, with a goal of making New York the "world's most bike- and pedestrian-friendly city".
The company has built three similar structures in the past and has built another in the United Kingdom.
The company is also working with other countries, including the US and Canada, to develop solutions to the housing and social issues.
"The city of New Orleans is a city of great opportunity, but it is also a city that has suffered from a very significant and persistent shortage of housing, which is why we're doing this," Azzogni said.
"If you think about the city of Houston and how the city has experienced significant homelessness over the last 20 years, and how it has also been the site of a huge number of displacement, it is no surprise that there are problems here."ABC/wires
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