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; or
• 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.

Summary

The Marine Liability Act (MLA) places numerous requirements on the shipping industry, including:

• registration of ships;
• certification of officers; and
• working conditions for seamen.

The Ship-Source Oil Pollution Fund Regulations were enacted to comply with the requirements of the 1971 International 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 twenty-eighth 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; or
• 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.

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

There is a minimum quantity of oil which you must have received before you must file 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.

Quebec 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