VANCOUVER, Aug. 17 /CNW Telbec/ - 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.
(Egalement offert en français)
For further information:
For further information: Micheline Brodeur, Regional Communications
Advisor, Environment Canada, (604) 713-9539; John Dyck, Manager,
Investigations Section (Vancouver), Environment Canada, (604) 666-3647