Resources

LEGISLATION

Ministry of Labour and Citizens' Service

Federal Legislation

Legislation is an important aspect of environmental emergency prevention, preparedness and response. The following provides a synopsis of federal legislation that pertains to spills, industrial accidents and other environmental emergencies.

Electronic copies of federal statutes can be obtained from the Department of Justice Canada.

Canada Shipping Act

Canada Shipping Act
R.S. 1985, c. S-9

The Canada Shipping Act as well as its Oil Pollution Prevention Regulations and Pollutant Discharge Reporting Regulations are concerned with the discharge or dumping of oil or oily waste from ships. Fisheries and Oceans Canada and Transport Canada jointly administer and enforce this act. The following sections are relevant to marine environmental emergencies. (This Act and its Regulations are currently undergoing reform and a new Canada Shipping Act is expected to be enacted at the end of 2006).

  • Section 656 provides authority to make regulations prohibiting the discharge of pollutants by persons or ships.
  • Section 657 provides authority to make regulations that require ships or oil handling facility operators to report a spill or the likelihood of a spill.
  • Section 660.2 requires vessels and oil handling facilities to have an arrangement with a response organization in case of a spill. This section also requires operators of oil handling facilities to comply with regulations respecting the procedures, equipment and resources that an oil handling facility must have on site in event of any discharge of a pollutant.
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Marine Liability Act

Marine Liability Act
S.C. 2001, c. 6

The Marine Liability Act is administered by Transport Canada and outlines avenues for liability and compensation for pollution. Sections relevant to marine environmental emergencies include the following:

  • Section 51 creates a legal liability on the part of the ship owner for oil pollution damage, the costs of clean up of a pollution incident, and, if the environment is impaired from oil pollution damage, for the costs of reasonable measures of reinstatement.
  • Section 60 requires convention ships carrying more than 2000 metric tons to have a certificate of financial responsibility issued under Article VII of the Civil Liability Convention. The guarantors of such certificates are personally liable to claimants.
  • Section 77 establishes the Ship Source Oil Pollution Fund.
  • Sections 84 and 85 prescribe the circumstances under which a claim can be made against the Ship Source Oil Pollution Fund.
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Fisheries Act

Fisheries Act
R.S. 1985, c. F-14

The Fisheries Act, 1985 makes it illegal to harm fish habitats or fishing grounds. Environment Canada is responsible for the administration and enforcement of the Fisheries Act as it pertains to spills and environmental emergencies. The following sections of the Act are relevant:

  • Section 35 prohibits any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat.
  • Section 38(4) makes reporting of spills of deleterious substances mandatory.
  • Section 38(5) establishes an obligation for owners and carriers of a deleterious substance to take reasonable measures to prevent a spill and to cleanup if a spill occurs.
  • Section 38(6) provides an inspector with the authority to direct cleanup where immediate action is necessary to prevent damage to water frequented by fish.
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Migratory Birds Convention Act

Migratory Birds Convention Act
S.C. 1994, c. 22

The Migratory Birds Convention Act and its regulations make it an offence to deposit oil, oily waste or other substances harmful to migratory birds into water inhabited by migratory birds. This act is administered by the Canadian Wildlife Service of Environment Canada.

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Canadian Environmental Protection Act

Canadian Environmental Protection Act
S.C. 1999 c. 33

The Canadian Environmental Protection Act is administered by Environment Canada. Part 4, which deals with pollution prevention, Part 5, which deals with controlling toxic substances, and Part 8, which deals with environmental matters related to emergences, are relevant. In particular, the following sections are worth noting:

  • Section 56 provides authority to establish requirements for pollution prevention plans.
  • Section 199 establishes requirements for environmental emergency plans.
  • Section 201 establishes spill reporting requirements and also requires any person who owns or is in charge of a substance to take reasonable measures to prevent an environmental emergency and to cleanup a spill if one occurs.
  • Section 203 provides for the recovery of costs and expenses incurred by government during cleanup or environmental remediation.
  • Section 204 provides for the establishment of a national system for notification and reporting of environmental emergencies.
  • Section 205 defines the civil liability of the person who owns or is in charge of a spilled substance. The spiller is liable for restoring any part of the environment damaged by the emergency and/or for costs and expenses incurred by a public body or agency in respect of measures taken to prevent and cleanup the spill.
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Transportation of Dangerous Goods Act

Transportation of Dangerous Goods Act
S.C. 1992, c.34

The Transportation of Dangerous Goods Act, administered by Transport Canada, promotes public safety during the transport of dangerous goods. The following sections of the act are relevant to environmental emergencies.

  • Section 7 requires any person transporting or importing dangerous goods to prepare an emergency response assistance plan and outline what is to be done if there is an accident transporting the dangerous goods.
  • Section 14 clarifies that carriers of dangerous goods must be financially responsible and must provide evidence of financial responsibility when requested.
  • Section 18 requires the person responsible for a material at the time of a spill to report the spill and take reasonable emergency measures to reduce or eliminate any danger to public safety.
  • Section 19 allows an inspector to take emergency measures or request that emergency measures be taken by a person he/she considers qualified to do so.
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Canada Oil and Gas Operations Act

Canada Oil and Gas Operations Act
R.S. 1985, c.0-7

The Canada Oil and Gas Operations Act promotes safety, environmental protection, conservation of oil and gas resources, and joint production arrangements. The act is jointly administered by the Department of Natural Resources and Indian Affairs and Northern Development Canada. The following sections are pertinent:

  • Section 14 allows regulations to be made prescribing measures necessary to prevent pollution of air, land or water as a result of the exploration and drilling for, or the production, storage, transportation, distribution, etc of any oil or gas.
  • Section 25 prohibits a person from causing or permitting a spill and establishes a duty to report any spills that do occur. Reasonable measures must also be taken to respond to the spill and protect the environment. Section 25 also enables anyone other than the spiller to recover costs associated with responding to the spill.