Canadian Pacific Railways Charged With Violations of the Fisheries Act

PORT COQUITLAM, BC, June 10, 2004 – Canadian Pacific Railways Ltd. appeared in BC Provincial Court today charged with two counts under subsection 36(3) of the federal Fisheries Act for spilling glycol, a deleterious substance and an ingredient commonly used in anti-freeze, into Burrard Inlet.

Environment Canada laid the charges on May 10, 2004 after a lengthy investigation. On February 5, 2003, a Canadian Pacific Railway train derailed at Pacific Coast Terminals in Port Moody, British Columbia. Two of the seven derailed cars are alleged to have leaked glycol into a nearby ditch and, eventually, into Burrard Inlet. The total volume of the spill is estimated at between 14,000 and 16,000 US gallons of glycol.

Subsection 36(3) of the Fisheries Act prohibits any person from depositing or permitting a deposit of a deleterious substance into waters frequented by fish. First offenses under subsection 36(3) are punishable by a fine up to $300,000. Any subsequent offenses are punishable by a fine up to $300,000, a term of imprisonment not exceeding six months, or both.
This incident was investigated by fishery inspectors of Environment

Canada’s Environmental Protection Branch located in Vancouver, British Columbia. Environment Canada investigates alleged offences under the Canadian Environmental Protection Act, 1999 and the Fisheries Act, in order to ensure compliance with legislation and regulations that protect the Canadian environment.

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