ST.
JOHN'S, NL, April 26,
2024 /CNW/ - Strong and effective enforcement of
Canada's environmental and
wildlife protection laws is one of the concrete ways Environment
and Climate Change Canada delivers on the commitment to provide
clean air and water, and protect and conserve wildlife species and
their habitat.
On April 26, 2024, in the
Provincial Court of Newfoundland
and Labrador, Husky Oil Operations
Limited was ordered to pay $2 million after earlier pleading
guilty to one charge under the federal Fisheries Act and one
charge under the Migratory Birds Convention Act, 1994. The
company was also ordered to pay $500,000 for an offence under the Canada-Newfoundland and Labrador Atlantic Accord
Implementation Act that was investigated by conservation
officers with the Canada-Newfoundland and Labrador Offshore Petroleum
Board. A total of $2.4 million
will be directed to the Government of Canada's Environmental Damages Fund
to support projects that have a positive impact on
Canada's natural environment. An
amount of $100,000 will be paid to
the Receiver General for Canada.
The charges relate to a crude oil release on November 16, 2018, at the White Rose oil field in
the Newfoundland and Labrador offshore area, where an estimated
250,000 litres of crude oil were released into the environment
due to a failure of the subsea flowline connector from the
SeaRose Floating Production, Storage and Offloading
installation. Crude oil is deleterious to fish and harmful to
migratory birds. Between November 18 and 23, 2018, 17
potentially oiled birds were observed from offshore vessels and
platforms, seven of which were captured. An oiled bird was also
discovered on December 4, 2018. These
observations, and subsequent laboratory analyses, confirmed that
the oil release affected various migratory birds.
As a result of this conviction, the company's name will be added
to the Environmental Offenders Registry. The Registry contains
information on convictions of corporations registered for offences
committed under certain federal environmental laws.
Environment and Climate Change Canada has created a free
subscription service to help Canadians stay current with what the
Government of Canada is doing to
protect the natural environment.
Quick facts
- This prosecution is the result of comprehensive investigations
by Environment and Climate Change Canada environmental and wildlife
enforcement officers and the Canada-Newfoundland and Labrador Offshore Petroleum
Board.
- The three charges against the company include:
- One charge for a contravention of subsection 38(6) of the
Fisheries Act for failing to take all reasonable measures to
prevent an unauthorized deposit of a deleterious substance into
water frequented by fish, or to counteract, mitigate, or remedy any
adverse effects that result or that are reasonably expected to
result.
- One charge for a contravention of subsection 5.1(1) of the
Migratory Birds Convention Act, 1994 for unlawfully
depositing a substance that is harmful to migratory birds, namely
crude oil, or permitting such a substance to be deposited in water
or an area frequented by migratory birds.
- One charge for having ceased work or activity that was likely
to cause pollution and resumed it without ensuring it could be done
safely and without pollution, contrary to subsection 24(2) of the
Newfoundland Offshore Petroleum Drilling and Production
Regulations, thereby committing offences pursuant to paragraph
194(1)(a) of the Canada-Newfoundland and Labrador Atlantic Accord
Implementation Act, thereby committing an offence pursuant to
paragraph 194(1)(a) of the Accord Act.
- The federal Migratory Birds Convention Act, 1994
and its associated regulations, including the Migratory Birds
Regulations, 2022, protect migratory birds, their nests, and
eggs anywhere they are found in Canada. This includes prohibitions against
capturing, killing, or harassing certain migratory birds, and
against removing, destroying, or disturbing their nests and
eggs.
- Environment and Climate Change Canada is responsible for
administering and enforcing the pollution prevention provisions of
the Fisheries Act, which prohibit the deposit of a
deleterious substance into water frequented by fish.
- Created in 1995, the Environmental Damages Fund is a Government
of Canada program administered by
Environment and Climate Change Canada. The Fund directs monies
received from fines, penalties, court orders, and voluntary
payments to projects that will repair environmental damage or
benefit the environment. The Fund aims to invest in areas where the
environmental damage occurred.
Associated links
- Fisheries Act (Pollution Prevention Provisions)
- Migratory Birds Convention Act, 1994
- Migratory Birds Regulations, 2022
- Canada-Newfoundland and Labrador Atlantic Accord
Implementation Act
- Environmental Damages Fund
- Environmental Offenders Registry
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SOURCE Environment and Climate Change Canada