News Release

Canadian Pacific Railway Company Sentenced in Provincial Court for Derailment of Ethylene Glycol Railcars 

Vancouver, British Columbia- August 17, 2007 - On August 15, 2007, the Canadian Pacific Railway Company was fined $25,000 and ordered to pay $50,000 to the Environmental Damages Fund for use in the area of the Port Moody arm of Burrard Inlet. The Company had been found guilty of one count under the federal Fisheries Act for depositing a substance harmful to fish into Burrard Inlet on July 19, 2007.

These charges stem from the derailment of several ethylene glycol railcars on February 5, 2003 in Port Moody, British Columbia.  Approximately 63,900 litres of ethylene glycol entered Burrard Inlet for hours after the derailment.  Ethylene glycol, commonly used in anti-freeze, is toxic to fish.

In finding the Company guilty under subsection 36(3) of the Fisheries Act, the Court ruled that the Canadian Pacific Railway Company did not act with due diligence in preventing the offence nor in its actions after the derailment with respect to the containment and clean-up of the spill.

The Fisheries Act prohibits the deposit of any deleterious substance in water frequented by fish. Environment Canada is mandated to enforce and administer the pollution prevention provisions of the Fisheries Act, as well as other federal environmental legislation.

First offences under subsection 36(3) of the Fisheries Act are punishable on summary conviction by a fine of up to $300,000, and for subsequent offences, a fine of up to $300,000 or up to six months imprisonment, or both.  Upon conviction, a variety of discretionary Court Orders are also available.

The Environmental Damages Fund was created in 1995 to provide courts and companies with a way to ensure that the money from pollution fines and settlements would be directly invested in repairing the harm done by pollution.  It helps ensure the "polluter pays" principle is applied and that polluters take responsibility for their actions.

Environment Canada's Environmental Enforcement officers investigate alleged offences under a number of Acts and Regulations including the Canadian Environmental Protection Act, 1999 (CEPA 1999) and the federal Fisheries Act to ensure that companies and their officials, government departments and their officials and the general public comply with legislation and regulations that protect Canada's environment.

For more information, please contact:

Micheline Brodeur
Regional Communications Advisor
Environment Canada
(604) 713-9539

John Dyck
Manager, Investigations Section (Vancouver)
Environment Canada
(604) 666-3647