Spill reporting duty

Owners and buyers of fuel, chemical or manufacturing sites meet this duty when they ask what happened on the property and who was responsible. This entry covers Ontario and British Columbia only; check the rules where you are.

What the rules say

• Ontario: Part X defines a spill as a discharge into the natural environment, from or out of a structure, vehicle or other container, that is abnormal in quality or quantity in light of all the circumstances. Under section 91(4), Part X does not apply to the disposal of animal wastes in accordance with normal farming practices.
• Ontario: section 92(1) requires notice forthwith to the Ministry, the municipality and, where the person knows or can readily ascertain who they are, the owner of the pollutant and the person having control of it. The duty arises when the person knows or ought to know of the spill. The Ministry says reports go by telephone to its Spills Action Centre.
• British Columbia: under section 4 of the Spill Reporting Regulation, a responsible person must ensure an actual or potential spill is immediately reported to the Provincial Emergency Program. Sections 2 and 3 set which spills the regulation covers.

What to check or ask

Ask the seller whether any spill has occurred, whether it was reported, and for the reports and any follow-up. Reporting is separate from the Ontario duty in section 93 on the owner and the person having control of a spilled pollutant that causes or is likely to cause an adverse effect to do everything practicable to prevent, eliminate and ameliorate an adverse effect and restore the natural environment. See what environmental checks you need before buying a business and environmental liability.