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Canada Ship-source Oil Pollution Fund

Canada Ship-source Oil Pollution Fund. 30 th Anniversary – 28 May 2019. Canada and the IOPC Funds. Director. Jose Maura. 28 May 2019. SOPF – a partner for the IOPC Funds. The IOPC Funds is represented here today because:

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Canada Ship-source Oil Pollution Fund

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  1. Canada Ship-source Oil Pollution Fund 30th Anniversary – 28 May 2019 Canada and the IOPC Funds Director Jose Maura 28 May 2019

  2. SOPF – a partner for the IOPC Funds The IOPC Funds is represented here today because: • SOPF has been a key partner to conduct its work in Canada and is integral to the international compensation regime within Canada • Excellent relationship from the beginning • Canada has been exercising a positive influence in the work of the Funds

  3. The IOPC Funds The basics • The IOPC Funds administer the 1992 Fund Convention and Supplementary Fund Protocol • Consists of Assemblies, Executive Committee and the Secretariat • Establish criteria for admissibility of claims • Assess claims and pay compensation to victims when applicable • Receive oil reports and contributions

  4. How the regime works Paying organisation/ Compensation regime Source of compensation Three Tier system and the SOPF • Oil receiversin Supplementary Fund States Parties • Supplementary Fund • Supplementary Fund Protocol • Third Tier Claimants Contribution • 1992 Fund • 1992 Fund Convention • Second Tier • Oil receivers in 1992 Fund States Parties Payment Contribution • Shipowners • Insurer (P&I Clubs) • 1992 Civil Liability Convention First Tier Insurance Premium

  5. Compensation limits • USD 1.04 billion (£823.8 million) • USD 282.3 million (£222.9 million) • USD 124.8 million (£98.6 million) *Exchange rates as at 2 January 2019 Liability limits under the Conventions

  6. Member States May 2019 • 1992 Fund Convention (116 Member States) • 1992 Civil Liability Convention (138) • Supplementary Fund (32) • 1969 Civil Liability Convention (34)

  7. What has been paid 1978 – 2018 Figures as at 31 December 2018

  8. The IOPC Funds story continues… Celebrating 40 years in 2018

  9. Key dates and figures Canada and the compensation regime Conventions Timeline:

  10. Contributing oil Canada has been among the top 10 contributing States since the beginning, until 2017

  11. Contributions Oil received by Member States’ oil industries in 2017 1992 Fund 10 States represent 71% of contributions SupplementaryFund 10 States represent 84% of contributions

  12. Canadian delegation Influential over the years Former SOPF Administrator Former SOPF Administrator Former Delegate Current SOPF Deputy Administrator Audit Body Chairman 2011-1014 Former Delegates Current Delegate

  13. Incidents in Canada Early days – Before entry into force of the 1971 Fund Irving Whale, Gulf of St Lawrence, 7 September 1970 • Prior to Canada joining the 1971 Fund, but brought to its attention in 1997 after refloating operations caused pollution Czantoria, St Romuald, Quebec, 8 May 1988 • Pollution to the St Laurent river but incident occurred nearly a year before entry into force of the 1971 Fund Convention • Claimants argued that some damage had taken place after entry into force Nestucca, Grey Harbour, Washington State, 23 December 1988 • Pollution damage on Vancouver Island but incident occurred before entry into force of the 1971 Fund Convention Convention not applicable at the time for those three incidents but Canada already keen to implement the system!

  14. Incidents in Canada Since entry into force of the Conventions Nancy Orr Gaucher, Hamilton Harbour, Ontario - 25 July and 10 August 1989 • Two consecutive occurrences of pollution damage caused by Asphalt overflow. Rio Orinoco, Gulf of St Lawrence - 16 October 1990 • Spill of 185 tonnes of IFO in St Lawrence gulf. King Darwin, Port of Dalhousie, New Brunswick - 27 September 2008 • Bunker fuel spill during discharge operations. Incident in Canada, Athlone Island, British Columbia – 13 October 2016 • Articulated tug-barge aground. Tug’s hull breached causing an oil spill, then sank • Ongoing question about the definition of ship and applicability of the CLC/Fund Conventions Vs Bunker Convention in that case

  15. An enduring relationship Excellent relations with Canada from the Start • Long standing and knowledgeable delegation • Transport Canada • SOPF • Canada Coast Guard • Positive contributions on policy issues • Upholding the principles • But leading the charge for improvements when needed • Among the top 10 contributing States until 2017 • Governing bodies sessions in Montreal in 2008 • Active promoter of the HNS Convention • Ottawa meeting (2003) • HNS workshop (2016) • A. Popp / F. Marier leading working groups

  16. www.iopcfunds.org @IOPCFunds

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