LOCATION: Shelburne Marine Terminal

Case number: 120-530

On April 11, 2007, the Port Manager of the Shelburne Marine Terminal, in Nova Scotia, informed the Canadian Coast Guard (CCG) that a 45-foot fishing vessel secured to its wharf had been abandoned. It contained approximately 3,500 litres of fuel plus hydraulic oils. The vessel had been pumped out several times to prevent sinking alongside the terminal. Consequently, on April 17, CCG representatives met with Environment Canada and Transport Canada personnel at the terminal to determine what action should be taken. All parties agreed that the pollutants should be removed. No response had been received from the owner indicating that he would take responsibility for the vessel and the pollution threat that it posed.

On June 1, a contract was awarded to RMI Marine Limited to remove all the oil contaminants found on board the abandoned fishing vessel. The contract included disposal of the waste oil. The contractor’s rates were as per a standing offer agreement between the company and CCG. On June 8, the clean-up operation was completed. Transport Canada and CCG personnel inspected the vessel and advised the Port Manager and Environment Canada that the vessel was as clean from pollutants as could be expected.

On February 9, 2008, the Administrator received a claim from the Department of Fisheries and Oceans (DFO/CCG) for costs and expenses in the amount of $13,627.73, pursuant to the Marine Liability Act (MLA).

On May 13, 2008, the Administrator, having completed an investigation and assessment of the claim, made an offer to DFO/CCG in the amount of $13,627.73 plus interest in full and final settlement. The offer was accepted and the Administrator directed payment in the amount of $14,505.11, inclusive of interest.

The  Administrator  commenced  a  recovery  action  in  the  Supreme  Court  of  Nova  Scotia  in  Halifax  on December 10, 2008. A Certificate of Judgment was registered on December 23, 2008, in both the Land Registry and Personal Property Security Registry in Nova Scotia. These registrations resulted in the judgment representing an encumbrance against any property the owner of the vessel may have or acquire. The registration of the judgment under the Land Registration Act expired on December 23, 2013, and the registration in the Personal Property Registry expired on January 5, 2014. The Administrator renewed the registration for five years. It will be brought forward in November 2018. Meanwhile, the file remains open.