CORONAVIRUS DISEASE (COVID-19)
As we try to navigate through the uncertainty of coronavirus disease (COVID-19), we want you to know that we are still available to compensate victims of ship-source oil pollution.
Following Public Health’s recommendations, the Fund is taking the following measures.
Effective March 17 the Fund’s staff will be operating remotely until further notice.
- Please note that we will still receive and evaluate claims. We encourage submissions via email at: email@example.com.
- Paper claims are still accepted, but it could potentially delay the process.
- Stakeholders are also encouraged to continue engaging with us and send questions via email at: firstname.lastname@example.org.
Staff will remain available via email during this time.
- We will be suspending our participation to all external events until further notice.
- All events organized by the Fund, including webinars are postponed:
- This includes the Introduction to compensation for Fishers, Aquaculturists, and All Involved in Related Activities.
The webinar was planned to take place on March 24, 2020, but this has changed due to unavoidable circumstances.
Please rest assured that the webinar will take place at a further time. As soon as a new date is decided, we will send you a new link to register.
Wishing you all good health.
For 30 years, the Fund has been mandated to compensate victims of oil pollution damage (including costs incurred for preventive measures) caused by ships and then take action to recover the costs from the polluters or other responsible parties.
- Simply put, we receive and assess claims for any type of damage caused by any type of oil spilled by any class of ship or boat in Canadian waters.
Summary of 30 years of compensating victims of oil pollution from ships
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The Canadian Compensation Regime
Role of the Fund
The Fund may be used as a fund of last resort or of first resort; the choice is that of the claimant.
Fund of Last Resort. The claimant may file a claim against the owner of the ship responsible for oil pollution damage (up to the owner’s limit of liability) and can then submit to the Fund a claim for compensation for damages or for a portion of damages that haven’t been reimbursed to him (this could be due to the fact that the limit exceeded the owner’s liability limit, or because the owner was not financially solvent to compensate the claimant).
Fund of First Resort. The claimant may submit his claim directly to the Fund. The Administrator has the obligation of investigating and assessing the claim. If the claim is established, the Administrator will offer a settlement to the claimant, who will then have 60 days to accept the offer.
2018-2019 File Portfolio (Incidents & Claims)
A record year in the number of assessments performed and in the amounts granted.
During the 2018-2019 fiscal year, the Fund managed a portfolio of 89 files, 72 claim files (25 new claims and 47 carried over from 2017-2018), and 17 incident files (3 new incidents and 14 carried over from 2017-2018).
Contributors to the regime
The contributors to the regime are the oil shippers and receivers in Canada. Contributors have not paid contributions since 1976 as the Fund is fully capitalized.
Contributors who are oil receivers must however file an information return no later than February 28 if the volume of contributing cargo for the preceding calendar year exceeded
- 150,000 metric tonnes of persistent oil, or
- 17,000 metric tonnes of non-persistent oil
(refer to Marine Liability and Information Return Regulations: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2016-307/index.html)
This information return allows to determine Canada’s annual contribution to the International Fund and Supplementary Fund (this contribution is then paid directly by the Fund’s Administrator). It also allows Canada to collect the data needed in order to ratify the Convention on Hazardous and Noxious Substances.
Information returns should be filed via the portal https://stats.tc.gc.ca/HNS/Login.aspx, which is managed by Transport Canada.
Before filing their return, contributors must request the creation of an account by contacting the following address: TC.HNS-SNPD.TC@tc.gc.ca.