FBOs and fuel spills - not so fine

摘要

Over the past three decades, the environment has become an issue of major concern worldwide. Canada has a relatively long history of regulating environmental matters, including spills of toxic substances. For FBOs providing fuel service, having a basic working knowledge of environmental regulations applicable to fuel spills can save time and money, and prevent big headaches. For the purpose of our overview, consider the following example. You are Fred Fine, the owner and manager of Fine Fuel Ltd., a fuel provider at the Vancouver International Airport. An employee reports to you that one of your large fuel tanks appears to be leaking. The tank is situated close to the water line of the nearby Fraser River, which empties into the Pacific Ocean. It is unclear how long the tank has been leaking. First, which level of government should Mr. Fine look to when dealing with a spill? Most areas of law in Canada are expressly covered by our Constitution, which designates which level of government has jurisdiction to regulate that area. However, unlike aeronautics (under Federal jurisdiction), or matters such as health care and property rights (under Provincial jurisdiction), either level of government can write laws about the environment. And, in fact, both levels of government do have environmental laws covering matters such as assessments, water pollution, and waste management. Typically, the laws complement each other. However, in the event of a conflict, where it becomes impossible to comply with both the federal and provincial law, the federal environmental law will be paramount.