WHEREAS financial accountability for wildlife rescue and ecosystem recovery during and subsequent to oil spill response procedures is not currently part of the required cost liability for standard spill response costs undertaken by the responsible party in Canadian waters; AND WHEREAS the recovery and rehabilitation of the detrimental impacts to wildlife and ecosystems following oil spill events require adequate resources; AND WHEREAS wildlife rescue and ecosystem recovery are not currently a requirement of the emergency spill response process; AND WHEREAS government agency responsibilities for the management of oil spill events and their effects are fragmented; AND WHEREAS the inclusion of financial accountability for wildlife rescue and ecosystem recovery along the US west coast would be familiar both in concept and in business practice to industry; AND WHEREAS the US Environmental Protection Agency has an Oil Spill Liability Trust Fund which supplies adequate funding for wildlife rescue and ecosystem recovery costs in the event that a responsible party is either not identifiable or not able to be held accountable: THEREFORE BE IT RESOLVED that the provincial and federal governments be requested to: 1. enact legislation to require wildlife rescue and ecosystem recovery be part of standard oil spill response activities either on land or in water; 2. explore appropriate measures to streamline governmental responsibilities in spill events; 3. enact legislation to require payment of those costs attributable to wildlife rescue and ecosystem recovery caused by spill events to be borne by the Responsible Party; 4. explore the feasibility of a Liability Trust Fund to provide funding for spill event remediation when the Responsible Party cannot be identified or held accountable.
Ministry of Environment Amendments were made to the Environmental Management Act in May, 2008 which clarify and strengthen the responsibility of spillers to fund oiled wildlife response. The Environmental Emergencies Program is looking at potential changes to the existing environmental emergency legislation. These include the approach to oiled wildlife response and the creation of a Contingency Fund as a source of funds for spill response when the spiller is either unwilling or unable to carry out response in a timely manner, or is unknown. The Ministry of Environment is in the process of developing an oiled wildlife response plan to provide clear direction to spillers. Ministry staff has met with the Canadian Wildlife Service and other stakeholders to discuss the draft plan. The Province will continue to advocate that Transport Canada as the responsible federal agency require the existing marine response cooperative to develop an appropriate oiled wildlife response capacity and capability.
Ministry of Transport, Infrastructure and Communities ... the polluter pays all reasonable costs of an oil spill in Canadian waters. In the event that the polluter is unknown, or unwilling or unable to cover the clean-up costs of an oil spill, including reasonable costs to wildlife and ecosystem recovery, compensation can be sought from the Ship-Source Oil Pollution Fund. The Ship-Source Oil Pollution Fund is a special account in the Accounts of Canada, delivered by an administrator accountable only to Parliament. The Fund acts as an independent domestic compensation fund, which was established under Part 6 of the Marine Liability Act. The Fund also acts as a first resort for claims for all oil spills from all classes of ships at any place in Canada, or in Canadian waters, including the Exclusive Economic Zone, whether or not the ships fall under the international regime. Therefore, funding is not limited to seagoing oil tankers or to persistent oil, as is the case with the International Fund. The Ship-Source Oil Pollution Fund can pay claims for oil spills from all other classes of ships, including oil from ship bunkers and other spills from unknown sources. It would not be feasible for the federal government to explore another liability trust fund to provide funding for a marine spill when the responsible party cannot be identified or held accountable.