Canadian Environmental Protection Act, 1999 — C-15.31 205
Liability of owner of substance 205 (1) Subject to this Part, the person who owns or has the charge, management or control of a substance immediately before an environmental emergency is liable (a) for restoring any part of the environment damaged by or during the emergency; (b) for costs and expenses incurred by a public department within the meaning of the Criminal Code or other public authority in Canada in respect of measures taken to prevent, repair, remedy or minimize the damage to the environment resulting from the emergency, including measures taken in anticipation of the environmental emergency, to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by such measures; and (c) for costs and expenses incurred by the Minister in respect of measures taken to prevent, repair, remedy or minimize the environmental emergency to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by such measures. Definition of public authority in Canada (2) In subsection (1), public authority in Canada means Her Majesty in right of a province, an aboriginal government or any other body designated by the Governor in Council for the purposes of that subsection as a public authority in Canada. Strict liability subject to certain defences (3) The person’s liability under subsection (1) does not depend on proof of fault or negligence, but the owner is not liable under that subsection if the owner establishes that the environmental emergency (a) resulted from an act of war, hostilities or insurrection or from a natural phenomenon of an exceptional, inevitable and irresistible character; (b) was wholly caused by an act or omission of a third party with intent to cause damage; or (c) was wholly caused by the negligence or other wrongful act of government, public department or public authority. Reduced liability (4) Where the person who is liable under subsection (1) establishes that the environmental emergency resulted wholly or partially from (a) an act or omission done by the person who suffered the damage with intent to cause damage, or (b) the negligence or wilful conduct of that person, the liability of the person referred to in subsection (1) to that other person is reduced or nullified in proportion to the degree to which the environmental emergency resulted from the factors mentioned in paragraphs (a) and (b). Person’s rights against third parties preserved (5) Nothing in this Part shall be construed as limiting or restricting any right of recourse that the person who is liable under subsection (1) may have against any other person. Person’s own claim for costs and expenses (6) Costs and expenses incurred by the person referred to in subsection (1) in respect of measures voluntarily taken to prevent, repair, remedy or minimize damage from the environmental emergency, including measures taken in anticipation of an environmental emergency, to the extent that the measures taken and the costs and expenses are reasonable, rank equally with other claims against any security given by that person in respect of that person’s liability under this section.