Canada Ship-source Oil Pollution Fund

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Presentation transcript:

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

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

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

IOPC Funds' Induction Course 2017 How the regime works 20/10/2017 Three Tier system and the SOPF Oil receivers in Supplementary Fund States Parties Supplementary Fund Supplementary Fund Protocol Third Tier Oil receivers in 1992 Fund States Parties 1992 Fund 1992 Fund Convention Second Tier Shipowners Insurer (P&I Clubs) 1992 Civil Liability Convention First Tier Claimants Source of compensation Paying organisation/ Compensation regime Contribution Insurance Premium Payment Importers and exporters of oil in Canada Canada Ship-Source Oil Pollution Fund (SOPF)

IOPC Funds' Induction Course 2017 Compensation limits 20/10/2017 Liability limits under the Conventions 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

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

What has been paid 1978 – 2018 Supplementary Fund The 1992 Fund No incident No compensation paid Supplementary Fund Has been involved in 46 incidents Paid about £353 million in compensation The 1992 Fund Was involved in 107 incidents Paid about £331 million in compensation and/or indemnification The 1971 Fund Incidents: 153 Paid about £684 million in compensation and/or indemnification Total Workings saved: S:\Finance\ACCOUNTS\Accounts 2018\1992 Fund\Annex I Attachment II Claims & CRE cumulative total.xlsx Updated quarterly, 2-3 weeks after quarter end, by Claire Figures as at 31 December 2018

The IOPC Funds story continues… Celebrating 40 years in 2018

Key dates and figures Conventions Timeline: Canada and the compensation regime Conventions Timeline: 24/04/1989 29/05/1999 1969 CLC In force since 1975 1971 Fund In force from 1978 to 2002 (1971 Fund dissolved in 2014) 1992 CLC In force since 1996 1992 Fund 02/01/2010 2003 Supplementary Fund In force since 2005 23/04/2018 2010 HNS Not yet in force

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

Contributions 1992 Fund Supplementary Fund Oil received by Member States’ oil industries in 2017 1992 Fund 10 States represent 71% of contributions Supplementary Fund General Fund contributions for 2018 based on 2017 oil reports. 10 States represent 84% of contributions

Canadian delegation Influential over the years Kenneth MacInnis Former SOPF Administrator Attended the first session of the 1971 Fund Assembly in 1978 Chairman of 4 IOPC Funds Working Groups 1971 Fund Executive Committee Chairman 1998-1999 Peter Troop Marc Gauthier Alfred Popp Emile Di Sanza Audit Body Chairman 2014-2019 1992 Fund Assembly Chairman 2005-2011 1992 Fund Executive Committee Chairman 2002-2004 Jerry Rysanek Anne Legars Current SOPF Administrator Daniel Haché Nora McCleary Francois Marier Current Head of Canada Delegation Gillian Grant Former SOPF Administrator Former SOPF Administrator Former Delegate Current SOPF Deputy Administrator Audit Body Chairman 2011-1014 Former Delegates Current Delegate

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!

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

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

www.iopcfunds.org @IOPCFunds