The authors wish to thank Mark Youden, Student-at-Law, for his contributions to this article.
On April 13, 2015 a homeowner from Apex, Nunavut was ordered to pay the Government of Nunavut $55,000 in restitution for clean up expenditures resulting from environmental damage caused by a home heating oil tank leak. Ms. Simonsen was also fined $500, which marks the first time an individual has been fined under Nunavut's Environmental Protection Act for a discharge of fuel oil into the environment.
In January 2011, Ms. Simonsen's tank leaked about 600 litres of fuel into the environment. The fuel oil discharge flowed to the edge of Apex Creek, which is connected to tidewater in the Koojessee Inlet. As a result, the Government of Nunavut ordered Ms. Simonsen to clean up the spill. Due to her failure to comply with the order the Government of Nunavut was required to take action and remediate the spill, at a cost of almost $200,000.
On April 13, 2015 Ms. Simonsen plead guilty to a charge under Nunavut's Environmental Protection Act. Under the Act, the maximum fine for this type of an offence is $300,000. The $55,000 restitution order and $500 fine represent a general deterrent and a reminder of homeowners' responsibilities associated with outdoor fuel tanks. Given Nunavut's harsh weather, homeowners must diligently check their fuel tanks for signs of leakage. Homeowners should also be aware of their insurance coverage for fuel tank leaks associated with wear and tear from Arctic winters. Unfortunately, Ms. Simonsen's insurance did not cover the fuel leak.
John Donihee, B.Sc., M.E.S., LL.B., LL.M., is one of Canada's foremost experts in environmental, regulatory, administrative and Aboriginal law in Canada's North and a member of Willms & Shier's Northern Team. John's particular focus is on land claims implementation and modern treaties in the North.
Julie Abouchar, BSc., LL.B., LL.M., is a partner at Willms & Shier Environmental Lawyers LLP in Toronto and a member of the firm's Northern Team. Julie is certified as a Specialist in Environmental Law by The Law Society of Upper Canada. She has been named annually by her peers to Best Lawyers in Canada, Environmental Law and Energy Regulatory Law and rated Repeatedly Recommended in the Canadian Legal Lexpert Directory, Aboriginal Law and Environmental Law.
Charles (Chuck) J. Birchall, B.A. (Hons.), LL.B., LL.M., is a partner at Willms & Shier Environmental Lawyers LLP in Ottawa and a member of the firm's Northern Team. Chuck has over 25 years of legal experience devoted exclusively to environmental law and is certified as a Specialist in Environmental Law by The Law Society of Upper Canada. Chuck provides advice on a variety of environmental compliance matters, as well as on energy law and Aboriginal consultation issues. Chuck has particular experience advising on environmental assessment issues raised by mining, oil and gas, energy and infrastructureprojects.
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