Civil Liability ConventionA CLC Certificate ought to be kept on board every Liberian registered vessel that carries more than two,000 tons of oil in bulk as cargo, in accordance with the provisions of Articles VII of the 1992 International Convention on Civil Liability for Oil Pollution damage. The 1971 Fund Convention offered for the payment of supplementary compensation to these who could not get complete compensation for oil pollution harm below the 1969 CLC. The Canadian Government’s claim for expenses and expenditures incurred is presented to, and paid by, the International Oil Pollution Compensation Fund. The consolidated text of CLC 1969, as modified by the 1992 Protocol, is referred to as the 1992 Civil Liability Convention.

Recognition of the problems that can be triggered by spills of heavy bunker fuel from non-tankers led to the adoption of the International Convention on Civil Liability for Bunker Oil Pollution Harm at a Diplomatic Conference in March 2001. Part 6 of the Marine Liability Act is amended to implement the Supplementary Fund Protocol and the Bunkers Convention.

For the 1st time in national judiciary practice, the TGI Judgment by-passed the international regime established by the 1992 Conventions, until then considered as self-contained and exclusive, in also applying the civil liability scheme established by French law. The Canada Shipping Act authorizes a levy, had been it to be imposed, at 30 cents per tonne to be indexed annually in the very same manner as the limit of liability of the SOPF.

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