Vancouver, British Columbia–
August 17, 2007 – On August 15, 2007, the
Canadian Pacific Railway Company was fined
$25,000 and ordered to pay $50,000 to the
Environmental Damages Fund for use in the
area of the Port Moody arm of Burrard Inlet.
The Company had been found guilty of one
count under the federal Fisheries Act for
depositing a substance harmful to fish into
Burrard Inlet on July 19, 2007.
These charges stem from the derailment
of several ethylene glycol railcars on February
5, 2003 in Port Moody, British Columbia.
Approximately 63,900 litres of ethylene
glycol entered Burrard Inlet for hours after
the derailment. Ethylene glycol, commonly
used in anti-freeze, is toxic to fish.
In finding the Company guilty under subsection
36(3) of the Fisheries Act, the Court ruled
that the Canadian Pacific Railway Company
did not act with due diligence in preventing
the offence nor in its actions after the
derailment with respect to the containment
and clean-up of the spill.
The Fisheries Act prohibits the deposit
of any deleterious substance in water frequented
by fish. Environment Canada is mandated
to enforce and administer the pollution
prevention provisions of the Fisheries Act,
as well as other federal environmental legislation.
First offences under subsection 36(3) of
the Fisheries Act are punishable on summary
conviction by a fine of up to $300,000,
and for subsequent offences, a fine of up
to $300,000 or up to six months imprisonment,
or both. Upon conviction, a variety of discretionary
Court Orders are also available.
The Environmental Damages Fund was created
in 1995 to provide courts and companies
with a way to ensure that the money from
pollution fines and settlements would be
directly invested in repairing the harm
done by pollution. It helps ensure the "polluter
pays" principle is applied and that
polluters take responsibility for their
actions.
Environment Canada’s Environmental Enforcement
officers investigate alleged offences under
a number of Acts and Regulations including
the Canadian Environmental Protection Act,
1999 (CEPA 1999) and the federal Fisheries
Act to ensure that companies and their officials,
government departments and their officials
and the general public comply with legislation
and regulations that protect Canada's environment.
Micheline Brodeur
Regional Communications Advisor
Environment Canada
