TIMMINS, ON, July 22, 2024 /CNW/ - The Government of Canada enforces the laws that protect the air, water, and natural environment in Canada, and takes pollution incidents and threats to the environment seriously.

On July 22, 2024, Canadian National Railway Company was ordered to pay $8 million by the Ontario Court of Justice, after pleading guilty to two charges under the Fisheries Act. The fine will be directed to the Government of Canada's Environmental Damages Fund to support projects that have a positive impact on the natural environment. 

The charges relate to events that happened on February 14, 2015, and on March 7, 2015, when Canadian National Railway Company trains derailed near Gladwick and Gogama, Ontario, both times releasing a significant amount of crude oil into the environment. Environment and Climate Change Canada enforcement officers attended both derailment sites to inspect and collect samples.

After a comprehensive investigation, the officers determined that the February 14, 2015 derailment resulted in the release of approximately 1.06 million litres of crude oil to the environment, some of which entered a creek that flows into Upper Kasasway Lake. The March 7, 2015 derailment resulted in the release of approximately 2.6 million litres of crude oil into the environment, including wetlands and the Makami River that flows into Minisinakwa Lake.

The two derailments occurred after a piece of railway track broke under the weight of the passing train. Canadian National Railway Company failed to exercise due diligence in maintaining the tracks.  

Following the derailments, Canadian National Railway Company renewed and restored the track infrastructure in the Ruel subdivision (between the municipalities of Capreol and Hornepayne, in Ontario), specifically focusing on the areas of the Gogama and Gladwick derailments. The company also completed forest restoration activities with the assistance of the Mattagami First Nation, including a planting program to restore lost vegetation species native to the area and creating a fish spawning lagoon in the vicinity of the Gogama bridge. 

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.

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Quick facts

  • 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.
  • Upper Kasasway Lake, the Makami River, and Minisinakwa Lake are waters frequented by fish, as defined by the Fisheries Act.
  • The two charges include:
    • One charge for contravening subsection 36(3) of the Fisheries Act for the deposit of a deleterious substance into water frequented by fish or in a place where it may enter water frequented by fish, on February 14, 2015.
    • One charge for contravening subsection 36(3) of the Fisheries Act for the deposit of a deleterious substance into water frequented by fish or in a place where it may enter water frequented by fish, on March 7, 2015.
  • 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)
  • Frequently Asked Questions: Fisheries Act Pollution Prevention Provisions
  • Environmental Damages Fund
  • Environmental Offenders Registry

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SOURCE Environment and Climate Change Canada

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