Bill C-58

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Second Reading

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	(d.1) all amounts for which the Administra tor is liable under subsection 701(1.1),
R.S., c. 6 (3rd Supp.), s. 84	19. (1) Paragraph 709(c) of the Act is replaced by the following:
	(c) the claim exceeds
	(i) in the case of a Convention ship, the owner's maximum liability under this Part to the extent that any such excess is not recoverable from the International Fund, or
	(ii) in the case of any ship other than a Convention ship, the owner's maximum liability under sections 574 to 582;
R.S., c. 6 (3rd Supp.), s. 84	(2) Paragraph 709(e) of the Act is re pealed.
1993, c. 36, s. 18	20. (1) The portion of subsection 710(1) of the French version of the Act before para graph (a) is replaced by the following:
Dépôt des demandes auprès de l'administra- teur	710. (1) En plus des droits qu'elle peut exercer contre la Caisse d'indemnisation en vertu de l'article 709, toute personne autre qu'un organisme d'intervention agri aux termes du paragraphe 660.4(1) ou qu'une personne d'un État partie à la Convention sur la responsabilité civile qui a subi des pertes ou des dommages ou qui a engagé des frais mentionnés au paragraphe 677(1) à cause de dommages réels ou d'un risque de dommages dus à la pollution par les hydrocarbures peut déposer auprès de l'administrateur dans les délais qui suivent, une demande en recouvre ment de créance due à ces dommages, pertes et frais, sous réserve du pouvoir donné à la Cour d'Amirauté à l'alinéa 715a) de prescrire une période plus courte :
R.S., c. 6 (3rd Supp.), s. 84	(2) Paragraph 710(1)(b) of the Act is replaced by the following :
	(b) where no oil pollution damage occured, within five years after the occurence,
R.S., c. 6 (3rd Supp.), s. 84	21. (1) The portion of subsection 712(1) of the Act before paragraph (a) is replaced by the following:
Claims for loss of income	712. (1) Subject to this section,
R.S., c. 6 (3rd Supp.), s. 84	(2) The portion of subsection 712(1) of the English version of the Act after paragraph (f) is replaced by the following:
	who has suffered a loss or will suffer a future loss of income, or of a source of food or animal skins in the case of a person described in para graph (d), resulting from a discharge of oil from a ship and not recoverable otherwise un der this Part, may, subject to subsection (4), within three years after the time when the dis charge of the oil occurred or first occurred, as the case may be, or could reasonably be ex pected to have become known to the claimant, and within six years after the occurrence that caused the discharge, file a claim with the Ad ministrator for that loss or future loss.
	(3) Section 712 of the Act is amended by adding the following after subsection (3):
Cause of occurrence	(3.1) A claimant is not required to satisfy the Administrator that the occurrence was caused by a ship, but the Administrator shall dismiss a claim filed under subsection (1) if satisfied on the evidence that the occurrence was not caused by a ship.
R.S., c. 6 (3rd Supp.), s. 84	(4) Paragraph 712(8)(c) of the Act is replaced by the following:
	(c) is not recoverable otherwise under this Part,
R.S., c. 6 (3rd Supp.), s. 84	(5) The portion of subsection 712(8) of the Act after paragraph (c) is replaced by the following:
	and where the assessor reports that such a loss has been established, that it resulted from the discharge of oil from a ship and that it is not recoverable otherwise under this Part, the re port shall set out the amount of that loss as as sessed by the assessor.
R.S., c. 6 (3rd Supp.), s. 84	22. Paragraphs 716(1)(a) and (b) of the Act are replaced by the following:
	(a) in respect of each tonne of oil in excess of 300 tonnes imported by ship into Canada in bulk as cargo, and
	(b) in respect of each tonne of oil in excess of 300 tonnes shipped from any place in Canada in bulk as cargo,
R.S., c. 6 (3rd Supp.), s. 84	23. Subparagraphs 723(2)(b)(i) and (ii) of the French version of the Act are replaced by the following:
	(i) soit de la date où sont engagés les frais,
	(ii) soit de la date où surviennent les dommages ou la perte;
R.S., c. 6 (3rd Supp.), s. 84	24. Subsection 725(2) of the Act is re placed by the following:
Failure to file information return	(2) Any person who fails to file an informa tion return, as and when required by any regulation made under paragraph 719(b) or (c), containing substantially the information required to be included therein is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred dollars for each day of default.
	25. The Act is amended by adding Sched ule VI as set out in the schedule to this Act.
	TRANSITIONAL PROVISIONS
Application of sections 574 to 584	25.1 Sections 574 to 584 of the Canada Shipping Act, as they read immediately before the coming into force of section 2, apply in respect of events referred to in subsection 575(1) of that Act, as that subsec tion read immediately before the coming into force of that section, that occurred before the coming into force of that section.
Application of former Part XVI	26. Subject to section 27, Part XVI of the Canada Shipping Act, as it read immediate ly before the coming into force of sections 4 to 24, applies in respect of an occurrence in relation to matters referred to in subsection 677(1) of that Act, as that subsection read immediately before the coming into force of those sections, that took place before the coming into force of those sections.
Contributions to International Fund	27. (1) Subsection 701(1) of the Canada Shipping Act, as it read immediately before the coming into force of sections 4 to 24, applies in respect of an occurrence that caused oil pollution damage and that took place on or after April 24, 1989 and before the earlier of
	(a) the day on which the 1971 Fund Convention ceases to be in force for Canada, and
	(b) the coming into force of those sections.
Meaning of ``1971 Fund Convention''	(2) For the purposes of subsection (1), the expression ``1971 Fund Convention'' has the meaning assigned to the expression ``Fund Convention'' by section 673 of the Canada Shipping Act as it read immediately before the coming into force of sections 4 to 24.
Transitional regime	28. (1) Sections 574 to 582 of the Canada Shipping Act, as enacted by section 2, do not apply in relation to pollution damage caused, before the coming into force of sections 4 to 24, by any ship other than a Convention ship.
Meaning of certain expressions	(2) In subsection (1),
	*(a) the expressions ``Convention ship'' and ``pollution damage'' have the mean ings assigned to those expressions by section 673 of the Canada Shipping Act, and*
	*(b) the word ``ship'' has the meaning assigned to that word by sections 673 and 674 of the Canada Shipping Act,*
	as it read immediately before the coming into force of sections 4 to 24.
	CONDITIONAL AMENDMENTS
Bill C-26	*29. If Bill C-26, introduced in the second session of the thirty-fifth Parliament and entitled An Act respecting the oceans of Canada, is assented to, then*
	(a) on the later of the day on which section 87 of that Act comes into force and the day on which section 6 of this Act comes into force, subsections 675(1) and (2) of the Canada Shipping Act are replaced by the following:
Geographical application of Part	675. (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 expected dis charge of the pollutant and irrespective of the location where any preventive measures are taken,
	(a) on the territory of Canada or in Canadian waters; and
	(b) in the exclusive economic zone of Canada.
Geographical application of Part	(2) For Convention ships, this Part applies, subject to subsection (3), in respect of actual or anticipated oil pollution damage, irrespec tive of the location of the actual or expected 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 Conven tion; 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.
	(b) on the later of the day on which section 87 of that Act comes into force and the day on which section 11 of this Act comes into force, section 680 of the Canada Shipping 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 the exclusive economic zone of Canada; 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).
	(c) on the later of the day on which section 87 of that Act comes into force and the day on which section 13 of this Act comes into force, subsection 684(1) of the Cana da Shipping Act is replaced by the follow ing:
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 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 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 or internal waters of any such state, or
	(ii) in the exclusive economic zone of any such state or, if the state has not estab lished 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 base lines 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.
	COMING INTO FORCE
Coming into force - sections 1 to 3	30. (1) Sections 1 to 3 come into force ninety days after the day on which this Act is assented to.
Coming into force - sections 4 to 24	(2) Sections 4 to 24 come into force on a day to be fixed by order of the Governor in Council.

Bill C-58

TRANSITIONAL PROVISIONS

CONDITIONAL AMENDMENTS

COMING INTO FORCE