Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

337 Paragraph 106.1(4)(a) of the English version of the Act is replaced by the following:

338 The heading before section 107 and sections 107 and 108 of the Act are repealed.

• 339 (1) Subsections 111.1(2) and (3) of the Act are replaced by the following:

  • Marginal note:Offer of compensation less than zero

    (2) If the offer of compensation made by the Administrator to the Minister of Fisheries and Oceans under paragraph 105(1)(a) is less than zero, then, unless that Minister appeals the offer under subsection 106(2), an amount equal to the amount of the offer is to be credited to the Ship-source Oil Pollution Fund, out of appropriations for the Department of Fisheries and Oceans under an appropriation Act, within six months after the day on which that Minister receives the offer or within any longer period agreed to by the Administrator and that Minister.

  • Marginal note:Offer of compensation refused

    (3) If the Minister of Fisheries and Oceans refuses the offer of compensation made under paragraph 105(1)(a), then, as soon as feasible after that Minister refuses the offer, an amount equal to the amount of the emergency funds charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2) is to be credited to the Ship-source Oil Pollution Fund, out of appropriations for the Department of Fisheries and Oceans under an appropriation Act, less any unused portion of the emergency funds credited to the Ship-source Oil Pollution Fund under subsection (1).

• (2) The description of A in subsection 111.1(4) of the Act is replaced by the following:

  A

  is the portion of the claim that the Administrator finds to be established under subsection 105(1);

• 340 (1) The portion of paragraph 116(2)(b) of the Act before subparagraph (i) is replaced by the following:

  • (b) if the claim is based on subsection 51(1) or 71(1) or paragraph 77(1)(b) or (c), or on Article III of the Civil Liability Convention or Article 3 of the Bunkers Convention as they pertain to preventive measures,

• (2) Subsection 116(2) of the Act is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

341 Schedule 4 to the Act is repealed.

Transitional Provisions

Marginal note:Definitions

342 The following definitions apply in sections 343 to 347.

former Act

former Act means the Marine Liability Act as it read immediately before the day on which section 338 comes into force. (ancienne loi)

new Act

new Act means the Marine Liability Act as it reads on the day on which section 338 comes into force. (nouvelle loi)

Ship-source Oil Pollution Fund

Ship-source Oil Pollution Fund has the same meaning as in subsection 91(1) of the Marine Liability Act. (Caisse d’indemnisation)

Marginal note:Claims for loss of income

343 A claim filed under section 107 of the former Act is to be dealt with in accordance with sections 107 and 108 of the former Act.

Marginal note:Rights — limitation period

344 Despite subsection 103(2) of the new Act, if an occurrence in respect of which a person may file a claim under section 107 of the former Act takes place on or before the day on which section 338 comes into force, and if the limitation periods set out in subsection 107(3) of the former Act have not expired on that day, that person has the right to file a claim under subsection 103(1.2) of the new Act within those limitation periods.

Marginal note:Fund — amounts directed to be paid

345 Any amounts that are directed to be paid on or after the day on which subsection 332(2) comes into force, in respect of a claim filed under section 107 of the former Act, are to be charged to the Ship-source Oil Pollution Fund and they are deemed to be charged under paragraph 92(3)(a.1) of the new Act.

Marginal note:Fund — remuneration and expenses of assessors

346 The remuneration and expenses of assessors appointed under paragraph 108(2)(a) of the former Act that are directed to be paid on or after the day on which subsection 332(3) comes into force are to be charged to the Ship-source Oil Pollution Fund and are deemed to be charged under subsection 92(3) of the new Act.

Marginal note:Interest

347 If a payment is made to a claimant on or after the day on which subsection 340(2) comes into force, in respect of a claim filed under section 107 of the former Act, the claimant is entitled to the interest that accrues on a claim in accordance with subsection 116(1) of the Marine Liability Act from the time when the loss of income occurs.

Coordinating Amendments

Marginal note:2014, c. 29

• 348 (1) In this section, other Act means the Safeguarding Canada’s Seas and Skies Act.

• (2) On the first day on which both section 33 of the other Act and section 313 of this Act are in force, paragraph 33(1)(a.1) of the Marine Liability Act is replaced by the following:

  • (a.1) permitting that person to reduce the amount that they are required to pay to the fund by up to an amount equal to the sum of any amounts paid to a claimant before the constitution of the fund in respect of a maritime claim for oil pollution damage caused by bunker oil as defined in paragraph 5 of Article 1 of the Bunkers Convention as defined in subsection 47(1);

• (3) On the first day on which both section 33 of the other Act and section 324 of this Act are in force, subsection 74.26(1) of the Marine Liability Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:

  • (a.1) permitting that person to reduce the amount that they are required to pay to the fund by up to an amount equal to the sum of any amounts paid to a claimant before the constitution of the fund; and

• (4) On the first day on which both section 33 of the other Act and section 325 of this Act are in force, subsections 74.27(1) and (2) of the Marine Liability Act are replaced by the following:

  Marginal note:Public notice

  • 74.27 (1) The person constituting the fund must, as soon as feasible, give notice of the fund’s constitution in

    • (a) the Canada Gazette;

    • (b) a newspaper in general circulation in the region where the incident occurred; and

    • (c) any other appropriate manner in the communities potentially affected by the incident.

  • Marginal note:Accessibility

    (1.1) Notices given under paragraphs (1)(b) and (c) are to be made accessible to the public for a period of at least 30 days.

  • Marginal note:Proof of accessibility

    (2) The person constituting the fund must, within 15 days after the 30th day of the period referred to in subsection (1.1), file evidence in the Admiralty Court that the notices have been made accessible to the public for a period of at least 30 days.

• (5) On the first day on which both subsection 45(1) of the other Act and subsection 335(3) of this Act are in force, paragraph 106(3)(b) of the Marine Liability Act is replaced by the following:

  • (b) the claimant is then precluded from pursuing any rights that they may have had, other than in relation to damage as defined in paragraph 6(a) of Article 1 of the Hazardous and Noxious Substances Convention, against any person in respect of matters referred to in sections 51, 71, 74.24 and 77, Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention and Article 7 of the Hazardous and Noxious Substances Convention in relation to the occurrence to which the offer of compensation relates, except that

    • (i) with respect to the acceptance of an offer of compensation made under paragraph 105(1)(a), the claimant may pursue any rights that they may have under subsection 103(1.2) in a single claim, and

    • (ii) with respect to the acceptance of an offer of compensation made under paragraph 105(1.1)(a) or (b), the claimant may pursue any rights that they may have under subsection 103(1) or (1.1) in a single claim;

• (6) On the first day on which both subsection 49(2) of the other Act and subsection 340(1) of this Act are in force, the portion of paragraph 116(2)(b) of the Marine Liability Act before subparagraph (i) is replaced by the following:

  • (b) if the claim is based on subsection 51(1), 71(1) or 74.24(1) or paragraph 77(1)(b) or (c), or on Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention as they pertain to preventive measures,

Marginal note:2018, c. 27

• 349 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2.

• (2) On the first day on which both section 323 of this Act is in force and subsection 746(2) of the other Act has produced its effects, section 74.24 of the Marine Liability Act is amended by adding the following after subsection (2):

  • Marginal note:Liability — fishing, hunting, trapping and harvesting

    (3) For greater certainty, for the purposes of Article 7 of the Hazardous and Noxious Substances Convention, the liability of the owner of a ship includes economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people.

• (3) On the first day on which both subsection 333(3) of this Act is in force and subsection 746(8) of the other Act has produced its effects, subsection 103(3) of the Marine Liability Act is replaced by the following:

  • Marginal note:Exception

    (3) Subsections (1) to (1.2) do not apply to a person in a state other than Canada, and subsections (1) and (1.1) do not apply to a response organization referred to in paragraph 51(1)(a), 71(1)(a), 74.24(1)(a) or 77(1)(b).

SUBDIVISION B2001, c. 26Canada Shipping Act, 2001

Amendments to the Act

350 Section 2 of the Canada Shipping Act, 2001 is amended by adding the following in alphabetical order:

• 351 (1) The portion of section 8 of the Act before paragraph (a) is replaced by the following:

  Marginal note:Application of this Part

  8 This Part applies in respect of Canadian vessels everywhere, in respect of foreign vessels in Canadian waters, and in respect of pleasure craft that are not Canadian vessels but that are in Canadian waters or in waters in the exclusive economic zone of Canada. However

• (2) Paragraph 8(b) of the Act is replaced by the following:

  • (b) subsections 10(2.1) and 35.1(1) also apply in respect of foreign vessels in waters in the exclusive economic zone of Canada.

• 352 (1) Paragraph 10(1)(c) of the Act is replaced by the following:

  • (c) enter into agreements or arrangements respecting the administration or enforcement of any provision of this Act, the regulations or an interim order made under subsection 10.1(1) or (1.1) and authorize any person or organization — including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous group — with whom or which an agreement or arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the agreement or arrangement.

• (2) Subsection 10(2) of the Act is replaced by the following:

  • Marginal note:Exemption power of Ministers

    (2) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act, exempt for a specified period any authorized representative, person, class of persons, master, vessel, class of vessels, operator of an oil handling facility, oil handling facility or class of oil handling facilities, operator of a hazardous and noxious substances handling facility, hazardous and noxious substances handling facility or class of hazardous and noxious substances handling facilities from the application of any provision of this Act, the regulations or an interim order made under subsection 10.1(1) or (1.1), subject to any conditions that that Minister considers appropriate, if that Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the public interest or interest of public health or safety.

• 353 (1) Section 10.1 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Authorization to make interim order

    (1.1) The Minister of Transport may, subject to any restrictions or conditions that the Minister may specify, authorize the Deputy Minister of Transport to make, for the purpose referred to in subsection (1), an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister.

• (2) The portion of subsection 10.1(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Cessation of effect

    (2) An interim order made under this section has effect from the time that it is made or from any later date that may be specified in the interim order, but ceases to have effect on the earliest of

• (3) Paragraph 10.1(2)(c) of the Act is replaced by the following:

  • (c) one year after the effective date of the interim order or any shorter period that may be specified in the interim order, unless the effective period is extended by the Minister of Transport or the Governor in Council;

  • (c.1) the day that is specified in the order of the Minister of Transport extending the interim order, if the Minister extends the effective period of the interim order, unless the effective period is extended by the Governor in Council; and

• (4) Subsection 10.1(3) of the Act is replaced by the following:

  • Marginal note:Extension — Minister of Transport

    (2.1) If the period specified in the interim order is less than one year, the Minister of Transport may extend the effective period of the interim order for a period that ends no more than one year after the effective date.

  • Marginal note:Extension — Governor in Council

    (3) The Governor in Council may extend the effective period of the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)(c) or after the day referred to in paragraph (2)(c.1).

• (5) Subsection 10.1(6) of the Act is replaced by the following:

  • Marginal note:Statutory Instruments Act

    (6) The Statutory Instruments Act does not apply to an interim order or an order extending the interim order. However, any such order must be published in the Canada Gazette within 23 days after it is made.