(a) on the territory of Canada or in Canadian waters;

    (b) in an area beyond and adjacent to the territorial sea of Canada and extending not more than 200 nautical miles from the baselines from which the breadth of the territorial sea of Canada is measured;

    (c) on the territory or in the territorial sea of a state other than Canada that is a party to the Civil Liability Convention; or

    (d) in an area beyond and adjacent to the territorial sea of a state referred to in paragraph (c) and extending not more than 200 nautical miles from the baselines from which the breadth of the territorial sea of that state is measured.

Exception

(3) Sections 709 and 710 do not apply in respect of actual or anticipated oil pollution damage in an area described in paragraph (2)(c) or (d).

1993, c. 36, s. 15(2)

7. (1) Paragraph 677(1)(b) of the French version of the Act is replaced by the following:

    b) des frais supportés par le ministre, un organisme d'intervention agri aux termes du paragraphe 660.4(1), toute autre per sonne au Canada ou toute autre personne d'un État partie à la Convention sur la responsabilité civile pour la prise de me sures visant à prévenir, contrer, réparer ou réduire au minimum les dommages dus à la pollution par les hydrocarbures causée par le navire, y compris des mesures en prévi sion de rejets d'hydrocarbures causés par le navire, pour autant que ces frais et ces mesures soient raisonnables, de même que des pertes ou dommages causés par ces mesures;

1993, c. 36, s. 15(2)

(2) Paragraph 677(1)(c) of the Act is replaced by the following:

    (c) for costs and expenses incurred by the Minister in respect of measures taken pursuant to paragraph 678(1)(a), in respect of any monitoring pursuant to paragraph 678(1)(b), or in relation to the direction of the taking of measures or their prohibition, pursuant to paragraph 678(1)(c), and costs and expenses incurred by any other person in respect of measures the person was directed to take, or prohibited from taking, pursuant to paragraph 678(1)(c), to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by such measures.

(3) Section 677 of the Act is amended by adding the following after subsection (1):

Environ-
mental damage

(2) Where 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.

R.S., c. 6 (3rd Supp.), s. 84

(4) Subsection 677(5) of the French ver sion of the Act is replaced by the following:

Droits du propriétaire envers les tiers

(5) La présente partie n'a pas pour effet de porter atteinte aux recours qu'un propriétaire de navire responsable en vertu du paragraphe (1) peut exercer contre des tiers.

R.S., c. 6 (3rd Supp.), s. 84

(5) Paragraph 677(10)(a) of the Act is replaced by the following:

    (a) where pollution damage occurred, be fore 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, where the pollution damage was caused by more than one occurrence having the same origin, within six years after the first of the occurrences; or

1993, s. 36, s. 15(5)

(6) Subsection 677(11) of the Act is replaced by the following:

Administrator may claim

(11) Where there is an occurrence that gives rise to liability of an owner of a ship under subsection (1), the Administrator may, either before or after receiving a claim pursuant to section 710, commence an action in rem against the ship that is the subject of the claim, or against any proceeds of sale thereof that have been paid into court, and in any such action the Administrator is, subject to subsec tion (13), entitled to claim security in an amount not less than the owner's maximum aggregate liability under section 679 or 679.1.

(7) Section 677 of the Act is amended by adding the following after subsection (12):

Where Administrator not entitled to claim security

(13) The Administrator is not entitled to claim security under subsection (11) where

    (a) in the case of a Convention ship, a Convention ship owner's fund has been constituted under section 682; or

    (b) in the case of any other ship, a fund has been constituted under Article 11 of the Limitation of Liability Convention.

8. The Act is amended by adding the following after section 677:

Joint tortfeasors

677.1 Where there is an occurrence that gives rise to liability of an owner of a ship under subsection 677(1), the owner may claim and recover contribution or indemnity from any other person who in an action is or would be found liable otherwise than by virtue of that subsection for the costs, expenses, loss or damage resulting from the occurrence that gives rise to that liability.

1993, c. 36, s. 16

9. (1) Paragraphs 678(1)(a) and (b) of the French version of the Act are replaced by the following:

    a) prendre les mesures qu'il estime nécess aires pour prévenir, contrer, réparer ou réduire au minimum les dommages par pollution, voire enlever ou détruire le navire et son contenu, et disposer du navire et de son contenu;

    b) surveiller l'application de toute mesure prise par toute personne en vue de prévenir, contrer, réparer ou réduire au minimum les dommages par pollution;

1993, c. 36, s. 16

(2) Paragraph 678(1)(c) of the Act is replaced by the following:

    (c) where the Minister considers it neces sary to do so, direct any person to take measures to repair, remedy, minimize or prevent pollution damage from the ship, or prohibit any person from taking such mea sures.

R.S., c. 6 (3rd Supp.), s. 84

10. Section 679 of the Act is replaced by the following:

Limitation of liability - Convention ships

679. (1) The maximum liability of an owner of a Convention ship under section 677 in respect of an occurrence is

    (a) where the ship has a tonnage that does not exceed 5,000 tons, three million units of account; and

    (b) where the ship has a tonnage that exceeds 5,000 tons, the lesser of

      (i) the aggregate of three million units of account for the first 5,000 tons and 420 units of account for each additional ton, and

      (ii) 59.7 million units of account.

Conduct barring limitation

(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.

Calculation of tonnage

(3) For the purposes of subsection (1), a ship's tonnage is the gross tonnage calculated in the manner set out in subsection 578(2).

Definition of ``unit of account''

(4) In paragraphs (1)(a) and (b), ``unit of account'' means a special drawing right issued by the International Monetary Fund.

Amendment of limits

(5) Where amendments to the limits of liability set out in Article V, paragraph 1, of the Civil Liability Convention have been made in accordance with Article 15 of the Protocol of 1992 thereto, concluded at Lon don on November 27, 1992, the Governor in Council may, by order, on the recommenda tion of the Minister, amend the limits of liability set out in subsection (1) by the same amounts.

Limitation of liability - other ships

679.1 (1) The maximum liability of an owner of a ship other than a Convention ship under section 677 in respect of an occurrence is

    (a) in the case of a ship with a tonnage not exceeding 300 tons, an amount determined in accordance with section 578; and

    (b) in the case of a ship with a tonnage exceeding 300 tons, an amount determined in accordance with Article 6 of the Limita tion of Liability Convention.

Application of sections 574, 575 and 577 to 582

(2) Sections 574, 575 and 577 to 582 apply for the purposes of subsection (1).

R.S., c. 6 (3rd Supp.), s. 84

11. Section 680 of the Act is replaced by the following:

Where occurrence did not involve Canadian territory or Canadian waters

680. No action may be commenced in any 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 677(1) where

    (a) the occurrence does not result in any oil pollution damage

      (i) on the territory of Canada or in Canadian waters, or

      (ii) in an area beyond and adjacent to the territorial sea of Canada and extending not more than 200 nautical miles from the baselines from which the breadth of the territorial sea of Canada is measured; and

    (b) no costs, expenses, losses or damages described in paragraph 677(1)(b) or (c) are incurred in respect of actual or anticipated oil pollution damage in either of the areas described in subparagraphs (a)(i) or (ii).

R.S., c. 6 (3rd Supp.), s. 84

12. Subsection 681(2) of the Act is re placed by the following:

Servants, etc., not liable

(2) Subject to subsection 677(5) and section 677.1, unless the actual or anticipated oil pollution damage referred to in subsection 677(1) resulted from their personal act or omission, committed with intent to cause the damage or recklessly and with knowledge that the damage would probably result, the follow ing persons are not liable for the matters referred to in subsection 677(1):

    (a) any servant or agent of the owner of the Convention ship or any member of the crew of the Convention ship;

    (b) the pilot of the Convention ship or any other person who, without being a member of the crew, performs services for the Convention ship;

    (c) any charterer, manager or operator of the Convention ship;

    (d) any person using the Convention ship to perform salvage operations with the con sent of the owner or on the instructions of a competent public authority;

    (e) any person taking measures to prevent oil pollution damage from the Convention ship; or

    (f) any servant or agent of a person referred to in any of paragraphs (c) to (e).

Owners jointly and severally liable

(3) Where two or more owners of Conven tion ships are liable for costs, expenses, loss or damage referred to in subsection 677(1), the owners of all of those ships are jointly and severally liable, to the extent that the costs, expenses, losses or damages are not reason ably separable.

R.S., c. 6 (3rd Supp.), s. 84

13. Subsection 684(1) of the Act is re placed by the following:

Certificate attesting to financial responsibility

684. (1) A Convention ship carrying, in bulk as cargo, more than 2,040 tonnes 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 an area beyond and adjacent to the territorial sea of Canada and extending not more than 200 nautical miles from the baselines from which the breadth of the territorial sea of Canada is measured or arrive at or leave an offshore terminal in Canadian waters or in such an area, or

    (b) if the Convention ship is registered in Canada, enter or leave a port in any other state, whether or not that state is a party to the Civil Liability Convention, or arrive at or leave an offshore terminal

      (i) in the territorial sea of any such state, or

      (ii) 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,

unless a certificate described in Article VII of the Civil Liability Convention and subsection 685(1), showing that there is in force in re spect of that ship a contract of insurance or other security that satisfies the requirements of that Article, has been issued in respect of that ship.

R.S., c. 6 (3rd Supp.), s. 84

14. Paragraph 686(c) of the Act is re placed by the following:

    (c) irrespective of whether the owner is entitled to limitation of liability, the guaran tor 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

R.S., c. 6 (3rd Supp.), s. 84

15. The definition ``foreign judgment'' in section 687 of the Act is replaced by the following:

``foreign judgment''
« 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 occur rence after the entry into force of that Con vention for Canada.

R.S., c. 6 (3rd Supp.), s. 84

16. Section 700 of the Act is repealed.

R.S., c. 6 (3rd Supp.), s. 84

17. Subsection 701(1) of the Act is re placed by the following:

Contributions by Canada to International Fund

701. (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.

Communica-
tion of information

(1.1) 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.

Powers of Administrator

(1.2) The Administrator may, for the pur poses of subsection (1.1), at any reasonable time, enter any premises where the Adminis trator believes on reasonable grounds that there are any records, books, accounts, vouch ers or other documents relating to information referred to in Article 15 of the Fund Conven tion and

    (a) 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 Admin istrator believes, on reasonable grounds, contains any such information; and

    (b) require the owner, occupier or person in charge of the premises to give all reasonable assistance in connection with the examina tion under paragraph (a) and to answer all proper questions relating to the examina tion and, for that purpose, require the owner, occupier or person in charge to attend at the premises with the Administra tor.

No obstruction or false statements

(1.3) No person shall obstruct or hinder the Administrator in the exercise of any powers under subsection (1.2), or knowingly make a false or misleading statement, either orally or in writing, to the Administrator while the Administrator is exercising those powers.

Warrant required to enter dwelling-
house

(1.4) Where any premises referred to in subsection (1) is a dwelling-house, the Ad ministrator may not enter that dwelling-house except with the consent of the occupant of the dwelling-house or under the authority of a warrant issued under subsection (1.5).

Authority to issue warrant

(1.5) Where on ex parte application a justice of the peace is satisfied by information on oath that

    (a) the conditions for entry described in subsection (1.2) exist in relation to a dwelling-house,

    (b) entry to the dwelling-house is necessary for the purpose of subsection (1.1), and

    (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused,

the justice of the peace may at any time sign and issue a warrant authorizing the Adminis trator to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

18. Section 702 of the Act is amended by adding the following after paragraph (d):