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

5. IOPC Funds' Induction Course 2017
Compensation limits
20/10/2017
Liability limits under the Conventions
USD 1.04 billion (£823.8 million)
USD million (£222.9 million)
USD million (£98.6 million)
*Exchange rates as at 2 January 2019

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 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

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

9. 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

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

11. 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

12. 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
Peter Troop
Marc Gauthier
Alfred Popp
Emile Di Sanza
Audit Body Chairman
1992 Fund Assembly Chairman
1992 Fund Executive Committee Chairman
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
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 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.
@IOPCFunds