Canada

Canadian law in respect of environmental protection

On 19th May 2005, Canada proposed a new draft pollution law, with the following consequences. The effective date of the law has yet to be fixed.

- 'Deposit' of any substance harmful to bords or in the water is unlawful and will result in criminal charges.
- Criminal charges will be lodged against the person committing the discharge but also against the master, chief engineer, owner and operators of the vessel.
- Liability is strict and it will be irrelevant whether the discharge is accidental.
- The only defence is where the person has exercised due diligence to prevent the commission of the offence.
- The law provides for increased fines of not more than US $1,000,000 and or imprisonment of not more than 3 years on conviction on indictment, and or US $ 300,000 and imprisonment of not more than 6 months on summary conviction. There is a minimum fine of US $500,000 and US $100,000 respectively.