Civil Liability for Pollution

Act: Marine Liability Act, S.C. 2001, Chapter 6
Regulation: Ship-Source Oil Pollution Fund Regulations, SOR/90-82, as amended 

To Whom Does This Apply?

Every person who receives oil in a calendar year:

• shipped in bulk as cargo of a ship from a place outside Canada to a terminal installation or port in Canada;
• carried by sea to a port in the United States and imported into Canada by a mode of transport other than by sea and unloaded at an installation in Canada; and
• shipped from a place in Canada or from an offshore installation in the exclusive economic zone of Canada, in bulk as cargo on a ship, to be unloaded at a terminal or port in Canada.

Summary

The

Marine Liability Act

(MLA) places numerous requirements on the shipping industry, including:

• liability of ship owners; 
• insurance or financial security certificates for ships carrying oil in bulk; and
• payments of levies into the Ship-Source Oil Pollution Fund for receivers of oil in Canada.

The Ship-Source Oil Pollution Fund Regulations were enacted to comply with the requirements of the 1971 International Fund Convention, amended in 1992, which established an international fund for compensation for oil pollution damage.

These Regulations state that every person who receives oil in a calendar year must file, with the Minister, no later than February 28^th of the following year, a completed information return for the oil that was received in that year by the person and which was:

• shipped in bulk as cargo of a ship from a place outside Canada to a terminal installation or port in Canada;
• carried by sea to a port in the United States and imported into Canada by a mode of transport other than by sea and unloaded at an installation in Canada; and
• shipped from a place in Canada or from an offshore installation in the exclusive economic zone of Canada, in bulk as cargo on a ship, to be unloaded at a terminal or port in Canada.

A levy will be paid based on the quantities stated in that report.

There is a minimum quantity of oil which one must have received before filing a return. Users are advised to speak with the contact below for further information.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact

National Contact(s):
Mr. Jerry Rysanek
Director
International Marine Policy and Liability
Transport Canada
25th floor, Tower C
Place de Ville
330 Sparks Street
Ottawa, Ontario  K1A 0N5
Telephone: (613) 998-0708
E-mail: rysanej@tc.gc.ca
Web site: http://www.tc.gc.ca/en/menu.htm