23. [Repealed, 1994, c. 10, s. 8]
Spills and Debris
Marginal note:Definition of “spill”
24. (1) In sections 25 to 28, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or any other federal law or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part 6 of the Marine Liability Act applies.
Marginal note:Definition of “debris”
(2) In sections 26 and 28, "debris" means any installation or structure that was put in place in the course of any work or activity required to be authorized under paragraph 5(1)(b ) and that has been abandoned without such authorization as may be required by or pursuant to this Act, or any material that has broken away or been jettisoned or displaced in the course of any such work or activity.
Marginal note:Definition of “actual loss or damage”
(3) In section 26, “actual loss or damage” includes loss of income, including future income, and, with respect to any aboriginal peoples of Canada, includes loss of hunting, fishing and gathering opportunities.
(4) Her Majesty in right of Canada incurs no liability whatever to any person arising out of the authorization by regulations made by the Governor in Council of any discharge, emission or escape of oil or gas.
- R.S., 1985, c. O-7, s. 24;
- R.S., 1985, c. 36 (2nd Supp.), s. 123, c. 6 (3rd Supp.), s. 92;
- 1992, c. 35, s. 22;
- 2001, c. 6, s. 117, c. 26, ss. 315, 324.
Marginal note:Spills prohibited
25. (1) No person shall cause or permit a spill on or from any area to which this Act applies.
Marginal note:Duty to report spills
(2) Where a spill occurs in any area to which this Act applies, any person who at the time of the spill is carrying on any work or activity related to the exploration for or development or production of oil or gas in the area of the spill shall, in the manner prescribed by the regulations, report the spill to the Chief Conservation Officer.
Marginal note:Duty to take reasonable measures
(3) Every person required to report a spill under subsection (2) shall, as soon as possible, take all reasonable measures consistent with safety and the protection of the environment to prevent any further spill, to repair or remedy any condition resulting from the spill and to reduce or mitigate any danger to life, health, property or the environment that results or may reasonably be expected to result from the spill.
Marginal note:Taking emergency action
(4) Where the Chief Conservation Officer, on reasonable grounds, is satisfied that
(a) a spill has occurred in any area to which this Act applies and immediate action is necessary in order to effect any reasonable measures referred to in subsection (3), and
(b) such action is not being taken or will not be taken under subsection (3),
he may take such action or direct that it be taken by such persons as may be necessary.
Marginal note:Taking over management
(5) For the purposes of subsection (4), the Chief Conservation Officer may authorize and direct such persons as may be necessary to enter the place where the spill has occurred and take over the management and control of any work or activity thereat.
Marginal note:Managing work or activity
(6) A person authorized and directed to take over the management and control of any work or activity under subsection (5) shall manage and control that work or activity and take all reasonable measures in relation to the spill that are referred to in subsection (3).
(7) Any costs incurred under subsection (6) shall be borne by the person who obtained an authorization under paragraph 5(1)(b) in respect of the work or activity from which the spill emanated and until paid constitute a debt recoverable by action in any court of competent jurisdiction as a debt due to Her Majesty in right of Canada.
Marginal note:Recovery of costs
(7.1) Where a person, other than a person referred to in subsection (7), takes action pursuant to subsection (3) or (4), the person may recover from Her Majesty in right of Canada the costs and expenses reasonably incurred by that person in taking the action.
(8) A person aggrieved by any action or measure taken or authorized or directed to be taken under subsections (4) to (6) may appeal to the National Energy Board to have the order reviewed under section 28.4 of the National Energy Board Act.
Marginal note:Personal liability
(9) No person required, directed or authorized to act under this section or section 28.4 of the National Energy Board Act is personally liable, either civilly or criminally, in respect of any act or omission in the course of complying with this section unless it is shown that the person did not act reasonably in the circumstances.
- R.S., 1985, c. O-7, s. 25;
- 1992, c. 35, s. 23;
- 1994, c. 10, s. 9.
- Date modified: