Charges Laid Against Canadian National Railway in Relation to August 2005 Sodium Hydroxide Spill into the Cheakamus River

News Release

North Vancouver, British Columbia – August 3, 2007 – Environment Canada has, as a result of a joint investigation with the British Columbia (B.C.) Conservation Officer Service, Ministry of Environment, laid charges under the Fisheries Act and the B.C. Environmental Management Act against the Canadian National Railway.

The company has been charged with a total of five counts: one count of depositing a deleterious substance into waters frequented by fish pursuant to subsection 36(3) of the federal Fisheries Act, one count of depositing a deleterious substance under conditions where it may enter water frequented by fish pursuant to subsection 36(3) of the Fisheries Act, one count of introducing a business waste pursuant to subsection 6(2) of the British Columbia Environmental Management Act, one count of introducing waste produced by a prescribed industry pursuant to subsection 6(3) of the B.C. Environmental Management Act and one count under subsection 6(4) of the Environmental Management Act for introducing waste and causing pollution.The charges stem from the August 5, 2005 train derailment near Squamish, B.C. which resulted insodium hydroxide (caustic soda), a deleterious substance, being spilled into the Cheakamus River.

A date for first appearance in Provincial Court has been set for October 3, 2007 in North Vancouver, B.C.

First offences under subsection 36(3) of the Fisheries Act are punishable on summary conviction by a fine of up to $300,000. Indictable offences can result in a maximum $1,000,000 fine. Upon conviction, a variety of discretionary Court Orders are also available.

The British Columbia Environmental Management Act provides for maximum penalties of up to $1,000,000 per count.

Environment Canada’s Environmental Enforcement officers investigate alleged offences under a number of Acts and Regulations including the federal Fisheries Act and the Canadian Environmental Protection Act, 1999. Environment Canada works with its partner agencies, such as the B.C. Ministry of Environment, to ensure efficient and effective enforcement of Canada’s pollution prevention laws and 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

Kate Thompson
Manager, Media Relations
Ministry of Environment
(250) 889-7972 (cell)