Recovery from the polluter
Our payment recovery process
Once we pay a claimant, we take all reasonable steps to recover the costs from the shipowner and any other person responsible.
To help us recover funds, we have investigatory powers under Canada’s Inquiries Act.
Ship arrest
We can take measures before a claim has been received or paid. For example, we can arrest the polluting ship or another ship held by the same owner.
If the owner or its insurer provide us with a financial guarantee, we will release the ship. If they do not, we hold the ship pending a court judgment, and it may be sold by the court to satisfy the owner’s debt.
Are you the owner of a polluting ship or boat?
If you are the owner of the ship or boat that caused the oil pollution incident, contact us to discuss your options.
We also encourage you to talk to a lawyer. We can discuss your situation with you, but we are not your legal representative.
If your ship or boat was insured at the time of the incident, contact your insurer immediately. We may be able to work directly with your insurer to settle the debt.
Payment options
Interest starts being added the day an incident occurs. Paying your debt all at once, in full, helps minimize what you owe. It also helps you avoid other legal and financial consequences.
If you cannot pay the full amount now, there are options. We will work with you to resolve your debt. We may be willing to discuss settlement, which could include an agreement with you for paying your debt over a period of time.
Ignoring your debt does not make it go away.
If you do not pay your debt
We may start a lawsuit against you if you don’t pay your debt.
If you do not respond to the lawsuit, we may obtain a default judgment against you. You will be responsible for payment even if you do not participate in the lawsuit.
Any judgment against you will be on the public record.
If you do not then pay your debt, we may take measures against you, such as registering a lien against your real estate. This means if you sell your asset, the proceeds will automatically go toward your debt. We may also seize and sell other assets, such as vehicles and other valuable property.
Our Claims and Payment Recovery Process
- Oil pollution incident
- Claimant submits a claim to us
- We assess the claim and pay compensation
- We take all reasonable steps to recover the costs from the shipowner and any other person responsible
From the Shipowner
- The shipowner pays the debt directly to us
- The shipowner repays the debt in full
- The shipowner agrees on a payment schedule based on ability to pay
- The shipowner settles the debt in court. We can take one of these actions:
- Place a lien on the shipowner's assets to secure the debt
- Seize and sell the shipowner's assets to pay the debt
From the Insurer
- The insurer settles the debt directly with us
