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Slide 28 of 39
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The Fisheries Act creates a cause of action in favour of the Federal and Provincial Crown to recover the reasonable costs incurred to to counteract, remedy or mitigate any adverse affect (s.42) caused by the deposit of the substance into the water. It also creates a cause of action in favour of licensed commercial fishermen for loss of income. The owner of the deleterious substance, the person having control of the substance and the person causing the deposit are liable, jointly and severally. Liability is absolute and does not depend on fault or negligence. The only defences are act of war etc., and an act by a third party done with intent to cause damage.
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Subsection 42(7) provides that the civil liability provisions do not apply to discharge of pollutants from ships within the meaning of Part XV of the Canada Shipping Act.
