Arctic Waters Pollution Prevention Act (R.S.C., 1985, c. A-12)

7. (1) The liability of any person pursuant to section 6 is absolute and does not depend on proof of fault or negligence, except that no person is liable pursuant to that section for any costs, expenses or actual loss or damage incurred by another person whose conduct caused any deposit of waste described in subsection 6(2), or whose conduct contributed to any such deposit of waste, to the degree to which that other person’s conduct contributed thereto.

(2) For the purposes of subsection (1), a reference to any conduct of "another person" includes any wrongful act or omission by that other person or by any person for whose wrongful act or omission that other person is by law responsible.

(3) Nothing in this Act shall be construed as limiting or restricting any right of recourse or indemnity that a person liable pursuant to section 6 may have against any other person.

(4) Notwithstanding anything in this Act, no person is liable pursuant to section 6, either alone or jointly and severally with one or more other persons, by reason only that the person is the owner of all or any part of the cargo of a ship, if the person can establish that the cargo or that part thereof is of such a nature, or is of such a nature and is carried in such a quantity, that, if it and any other cargo of the same nature that is carried by that ship were deposited by that ship in the arctic waters, the deposit would not constitute a contravention of subsection 4(1).

8. (1) The Governor in Council may require

• (a) any person who engages in exploring for, developing or exploiting any natural resource on any land adjacent to the arctic waters or in any submarine area subjacent to the arctic waters,

• (b) any person who carries on any undertaking on the mainland or islands of the Canadian arctic or in the arctic waters that will or is likely to result in the deposit of waste in the arctic waters or in any place under any conditions where that waste or any other waste that results from the deposit of that waste may enter the arctic waters,

• (c) any person, other than a person described in paragraph (a), who proposes to construct, alter or extend any work or works on the mainland or islands of the Canadian arctic or in the arctic waters that, on completion thereof, will form all or part of an undertaking described in paragraph (b), or

• (d) the owner of any ship that proposes to navigate or that navigates within any shipping safety control zone specified by the Governor in Council and, subject to subsection 7(4), the owners of the cargo of any such ship,

to provide evidence of financial responsibility, in the form of insurance or an indemnity bond satisfactory to the Governor in Council, or in any other form satisfactory to the Governor in Council, in an amount determined in the manner prescribed by regulations made under section 9.

(2) Evidence of financial responsibility in the form of insurance or an indemnity bond shall be in a form that will enable recovery, directly from the proceeds of the insurance or bond, by any person entitled pursuant to section 6 to claim against the person or persons giving that evidence.