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Fran ais Contact Us Help Search Canada Site Home About us Media room Environment Emergencies Air Marine Rail Road Major issues > On-line menu General Air Marine Surface Ministerial Responsibility Related Links > Off-line menu Self-Extracting ZIP format > Help menu On-line Help and FAQ Services Employee directory Employment opportunities e-news Forms catalogue Check it out Meet the Minister Acts and Regulations Child safety Planning to travel? Publications Vehicle importation Vehicle recalls Transport Canada MARINE LIABILITY ACT Marine Liability Regulations -------------------------------------------------------------------------------- PART 1 Consumer Price Index Filing of Information Returns PART 2 Established by: -------------------------------------------------------------------------------- MARINE LIABILITY REGULATIONS PART 1 SHIP-SOURCE OIL POLLUTION FUND Interpretation 1. The definitions in this section apply in this Part. "Act" Loi "Act" means the Marine Liability Act. "associated person" peronne associ e "associated person" means an associated person as defined in subparagraph 2(b) of Article 10 of the Fund Convention and includes bodies corporate affiliated with each other within the meaning of subsection 2(2) of the Canada Business Corporations Act. "person" personne "person" means any individual or partnership or any public or private body, whether corporate or not. "receive" recevoir "receive" means to receive oil into tankage or storage immediately after carriage by a ship. "terminal installation" installation terminale "terminal installation" means a site for the storage of oil in bulk that is capable of receiving oil from a ship, including any facility situated offshore and linked to the site. Consumer Price Index 2. (1) For the purposes of paragraphs 91(3)(b) and 94(3)(b) of the Act, the average of the Consumer Price Index for any 12-month period shall be calculated by dividing by twelve the aggregate of the Consumer Price Indexes, excluding the food and energy components, for the twelve months of that period. (2) If the quotient obtained contains a fraction, the fraction shall be expressed as a decimal fraction rounded to one digit after the decimal point as follows: (a) if the second digit after the decimal point is less than five, that digit shall be dropped; and (b) if the second digit is five or greater than five, the first digit after the decimal point shall be increased by one and the second digit shall be dropped. Filing of Information Returns 3. (1) This section applies in respect of oil that has been (a) imported into Canada in bulk as cargo on a ship to be unloaded at a terminal installation or port in Canada; (b) shipped to a port in the United States in bulk as cargo on a ship and subsequently imported into Canada by a mode of transport other than a ship to be unloaded at an installation in Canada; or (c) 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 installation or port in Canada. (2) A person who receives oil in a calendar year shall file with the Minister no later than February 28 of the following calendar year an information return in respect of the oil if (a) the total quantity of oil received by the person during the calendar year exceeds 150 000 metric tons; or (b) the total quantity of oil received in the calendar year by the person added to the total quantity of oil received in the same calendar year by associated persons exceeds 150 000 metric tons. PART 2 POLLUTANTS 4. For the purposes of Part 6 of the Act, any of the following substances and classes of substances is a pollutant: (a) a mixture with any oil content; (b) a substance listed in Schedule I to the Pollutant Substances Regulations, except when carried in packaged form, freight containers, portable tanks, tank trucks or rail tank wagons; (c) a noxious liquid substance as defined in section 2 of the Dangerous Chemicals and Noxious Liquid Substances Regulations or a mixture that contains such a noxious liquid substance; (d) a substance that is identified as a marine pollutant in the International Maritime Dangerous Goods Code, published by the International Maritime Organization, as amended from time to time; (e) garbage as defined in section 2 of the Garbage Pollution Prevention Regulations; or (f) sewage as defined in section 2 of the Great Lakes Sewage Pollution Prevention Regulations, section 2 of the Pleasure Craft Sewage Pollution Prevention Regulations or section 2 of the Non-Pleasure Craft Sewage Pollution Prevention Regulations. Established by: SOR/2002-307 8 August, 2002 pursuant to the definition "pollutant" in section 47, paragraphs 91(3)(b), 94(3)(b), and 96(c) and section 102 of the Marine Liability Act, comes into force on August 8 2002. -------------------------------------------------------------------------------- Last updated: 2003-04-01 Important Notices Transport Canada Pacific Region Prairie & Northern Region Ontario Region Quebec Region Atlantic Region About us Our offices Organization and senior management Departmental publications Programs and services Acts Regulations Media room e-news News releases Reference centre Speeches and statements Media contacts Hot news Events Environment Environmental protection Sustainable development Climate change Emergencies Emergencies and crises Emergency preparedness Security Transport of dangerous goods Air Our offices Passengers Pilots Flight instructors Maintenance technicians Commercial airlines Security Transport of dangerous goods Marine Our offices Small commercial vessels Large commercial vessels Pleasure craft Marine security Marine infrastructure Transport of dangerous goods Rail Our offices Safety at railway crossings Rail infrastructure Transport of dangerous goods Road Our offices Child safety Information for Drivers Infrastructure Motor carriers Road safety Transport of dangerous goods Major issues Enhancing transportation security Straight Ahead: Vision Strategic Highway Infrastructure Program TC Government On-line Government of Canada Initiatives Marine Liability Regulations (Canada)