Husky Oil Operations Limited charged with environmental offences under federal legislation

November 4, 2021 – St. John’s, Newfoundland and Labrador – Environment and Climate Change Canada

Strong and effective enforcement of Canada’s environmental and wildlife protection laws is one of the concrete ways Environment and Climate Change Canada delivers on the commitment to provide clean air and water and protect and conserve wildlife species and their habitat.

On November 3, 2021, Environment and Climate Change Canada laid three charges against Husky Oil Operations Limited. The charges relate to a major petroleum spill on November 16, 2018, at the White Rose Oil Field in the Newfoundland and Labrador offshore area, where an estimated 250,000 L of crude oil was released into the environment. The three charges include one charge for a contravention of subsection 36(3) of the Fisheries Act, one charge for a contravention of subsection 38(6) of the Fisheries Act and one charge for a contravention of subsection 5.1(1) of the Migratory Birds Convention Act, 1994.

These charges followed a comprehensive investigation that involved both federal environmental and wildlife enforcement officers, and are in addition to three charges laid by the Canada–Newfoundland and Labrador Offshore Petroleum Board (C-NLOPB) based on its concurrent investigation into the same incident.

The first court appearance is scheduled for November 23, 2021, at the Provincial Court of Newfoundland and Labrador in St. John’s.

All charges are currently before the Court and have not yet been proven. Under Canadian law, those charged are presumed innocent until proven guilty. Environment and Climate Change Canada will not comment further at this time.

Quick facts

• Due to the significance of the spill, Environment and Climate Change Canada and the Canada–Newfoundland and Labrador Offshore Petroleum Board ran parallel investigations into the event, while collaborating and communicating throughout.
• Environment and Climate Change Canada administers and enforces the pollution prevention provisions of the Fisheries Act. It is also responsible for the administration and enforcement of the Migratory Birds Convention Act, 1994, which is federal legislation for the protection and conservation of migratory birds—as populations and individual birds—and their nests.
• Anyone found guilty of contravening subsection 36(3) of the Fisheries Act or subsection 5.1(1) of the Migratory Birds Convention Act, 1994 is liable, upon conviction, to a mandatory minimum fine. The mandatory minimum fines fixed by the relevant offence provisions in the Fisheries Act and in the Migratory Birds Convention Act, 1994 for a corporation other than a small revenue corporation is $100,000 each when prosecuted by summary conviction procedure.
• Mandatory minimum penalties are set to reflect the seriousness of environmental offences and to deter non-compliance with federal legislation.
• The penalty for the offence of contravening subsection 38(6) of the Fisheries Act when committed by a corporation is a fine not exceeding $200,000.  

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Contacts

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Environment and Climate Change Canada
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media@ec.gc.ca