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Slide 18 of 39
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Section 205 of the CEPA establishes civil liability on the part of the person who owns, or has the charge management or control of a substance immediately before an environmental emergency. Such person is liable for: restoring the environment; the costs and expenses incurred by a public department to prevent, repair, remedy or minimize the damage to the environment; and, the costs and expenses incurred by Minister to prevent, repair, remedy or minimize the environmental emergency.
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Liability under s. 205 does not depend on proof of fault or negligence but the owner may avoid liability by proving the emergency resulted from an act of war or was wholly caused by an act or omission of a third party done with intent to cause damage or was wholly caused by the negligence or wrongful act of a government or public department or authority.
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The liability of the owner will be apportioned if the owner establishes contributory negligence on the part of the person suffering the damage.
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The owner also retains his right to proceed against other third parties for contribution or indemnity.
