Table of Contents

Introduction

Overview of the 2010 Hazardous and Noxious Substances Convention

HNS Substances

HNS damage covered by the Convention

Claimants

Tier 1 - The Shipowner's liability

Tier 2 - The HNS Fund

HNS Fund Accounts

Contributions to the Fund and the concept of "receiver"

Treatment of cargo in transit

Reporting requirements

Sanctions for non-reporting of contributing cargo

Exclusion of seagoing vessels under 200 gross registered tones (grt)

Entry into force provision

Canadian Context and Legislation

Policy Options

Option 1 - Do not ratify the Convention

Option 2 - Ratify the Convention

Meaning of "carriage by sea" and "domestic carriage of HNS"

Exclusion of seagoing vessels under 200 grt

The adoption of the definition of "receiver"

Reporting System

A lower threshold for reporting

Treatment of associated persons

Fines to be levied for not having an insurance certificate

Role of the Ship-Source Oil Pollution Fund (SOPF)

Policy Recommendations

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