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COSTS OF EMERGENCY ENVIRONMENTAL MEASURES

Here’s what the primary provincial and territorial environmental laws say about liability for the costs of emergency environmental measures:

FEDERAL: The government may recover the costs and expenses of and incidental to taking any emergency measures from any person who owns or has the charge, management or control of a substance immediately before the environmental emergency and any person who causes or contributes to the environmental emergency to the extent of his negligence or wilful conduct in causing or contributing to the environmental emergency [Canadian EPA, Sec. 203(1)].

ALBERTA: Costs incurred by an inspector, investigator or the Director in taking emergency measures constitute a charge in favour of the Government on the land on which the emergency measures were taken and on any other land that is: a) contiguous to the land on which the emergency measures were taken; b) used for the same or a related purpose; and c) owned by the same person who owns the land on which the emergency measures were taken. The charge is enforceable in the same way as a mortgage or other security on land and takes priority over other claim, right or charge against the land [Environmental Protection and Enhancement Act, Sec. 216].

BRITISH COLUMBIA: If the Minister certifies that money is required for immediate response to an environmental emergency, that amount is a debt due to the government and is recoverable from any person whose act or omission caused or who authorized the events that caused the environmental emergency [Environmental Management Act, Sec. 88(3)]. The Spill Cost Recovery Regulation spells out the kinds of costs for which the government may seek reimbursement.

MANITOBA: Where the director or a person acting on the director’s instructions takes or causes to be taken any emergency action in accordance with Secs. 24(5) or 24(6), the costs incurred by the government are a debt due to the government by the person to whom the order was issued [The Environment Act, Sec. 24(9)].

NEW BRUNSWICK: The Minister can recover any unrecovered costs, expenses, losses, damages or charges incurred in taking emergency action by action in a court of competent jurisdiction [Clean Environment Act, Sec. 5.2(4)].

NEWFOUNDLAND/LABRADOR: The government may recover the costs, expenses or charges incurred in carrying out environmental emergency measures as a debt owed to the Crown from the person who’s responsible for the need to take those emergency measures [EPA, Sec. 120(2)].

NORTHWEST TERRITORIES/NUNAVUT: The government may claim and recover the reasonable costs and expenses incurred in taking immediate remedial measures from every person who, through his or her actions or negligence or the actions or negligence of others for whom he or she is by law responsible, caused, permitted or contributed to the discharge of a contaminant or otherwise contravened the provisions of the Act or the regulations [Environmental Protection Act, Sec. 16(1)].

NOVA SCOTIA: All costs, expenses or charges incurred in the carrying out of emergency measures including, without limiting the generality of the foregoing, any management or remediation measures, are recoverable by the Minister or a municipality against the person responsible for the need to take the emergency measures [Environment Act, Sec. 169].

ONTARIO: The government has the right to compensation for all reasonable cost and expense incurred in respect of carrying out or attempting to carry out a direction from the Minister to take emergency action from the owner of the pollutant and the person having control of the pollutant [Environmental Protection Act, Sec. 99(2)].

PRINCE EDWARD ISLAND: After taking remedial action under Sec. 35(1), the Minister may issue an order for the costs of the remedial action against the person who has caused the contamination or damage [Environmental Protection Act, Sec. 35(2)].

QUÉBEC: The Minister may claim the direct and indirect costs related to emergency measures from any person or municipality who had custody of or control over the contaminants and from any person or municipality responsible for the emission, deposit, discharge or issuance of the contaminants, whether or not the latter has been prosecuted for infringement of this Act [Environment Quality Act, Sec. 115.1].

SASKATCHEWAN: If the minister undertakes immediate action and incurs any costs as a result, the minister may file a certificate that sets out: a) the amount of the costs and expenses incurred; and b) the person from whom the costs and expenses are recoverable. The certificate has the same force and effect as if it were a judgment obtained in the Court of Queen’s bench for the recovery of a debt [Environmental Management and Protection Act, 2002, Secs. 53(1) and (3)].

YUKON: The Minister may recover expenses incurred in investigating and responding to any matter to which a direction or an environmental protection order relates or to a violation of an environmental protection order by an action in debt against a person who fails to comply with a direction or environmental protection order [Environment Act, Sec. 165(2)].