NOTICE OF REASSESSMENT
Ottawa, 4 July 2024
SOPF File: 120-990-C1
BY EMAIL
Manager, Operational Support
Compliance and Enforcement
Canadian Coast Guard
200 Kent Street
Ottawa, Ontario K1A 0E6
Via email to DFO.CCGERCostRecoveryRSP-RecouvrementdescoutsIESIPGCC.MPO@dfo-mpo.gc.ca
RE: Night Runner – Sarnia, Ontario
Incident date: 2023-07-23
Decision to Reassess and Direction to Deliver Supporting Documents
On 1 February 2024, the office of the Administrator of the Ship-source Oil Pollution Fund (“Fund”) received, on behalf of the Administrator, a submission from the Canadian Coast Guard (“CCG”). The submission was submitted on the forms for the Expedited Process for Small Claims.
The submission presented a claim for $3,277.96 for costs and expenses arising out of measures taken by the CCG with respect to an incident involving the vessel named Night Runner, at the Lake Huron Yacht Club in Sarnia, Ontario, on 23 July 2023.
The submission was assessed as a submission under s. 106.1(1) of the Marine Liability Act, SC 2001, c 6 (the “MLA”), as required by s. 106.3(1). Based on the results of that assessment, there was no reason to suspect that the claim should be disallowed for failing to comply with the conditions set out at s. 106.1(1) of the MLA or for failing to comply with s. 106.1(2).
Pursuant to s. 106(4) of the MLA, a payment was directed to the CCG in the amount of the claim plus interest, totalling $3,441.23 (the “Payment”).
Pursuant to s. 106.4(1) of the MLA, the Administrator now directs that the CCG provide the documents which support its claim, as described at s. 106.1(2)(c)(iii). Pursuant to s. 106.4(2), the documents must be provided within 30 days of the receipt of this request. This period can be extended only with the agreement of both parties before the 30-day period expires. If more time is needed, please let us know as soon as possible.
The failure to deliver the requested supporting documents within the time specified may result in a direction under s. 106.4(3) to repay the entire amount of the Payment.
This claim will be investigated and reassessed pursuant to s. 106.5(1) of the MLA.
As soon as is feasible after the investigation and reassessment is completed, the CCG will be provided notice that either no further action will be taken, or that the CCG is required to pay some or all of the Payment, depending on the determinations reached during the reassessment.
Yours sincerely,
Chiamaka Mọgọ, MPPGA
Deputy Administrator, Ship-source Oil Pollution Fund