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ARTICLE · 25 JANUARY 2006

Obstructing Justice? The Duty Provide Information when Reporting a Spill under the Environmental Protection Act

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This bulletin discusses the obligation to provide information to the Ministry of the Environment (the "MOE") in connection with a spill.

CanadaEmployment and HR
W. Brad Hanna, FCIArb.
W. Brad Hanna, FCIArb.
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Originally published December 2005

This bulletin discusses the obligation to provide information to the Ministry of the Environment (the "MOE") in connection with a spill.

The Ontario Environmental Protection Act ("EPA") requires anyone who spills a pollutant to notify the MOE of the spill, the related circumstances and the actions being taken. The EPA contains several other provisions enabling the MOE to obtain further information relating to a spill. If a person hinders or obstructs an environmental officer in performing his or her duties under the EPA, or refuses to provide information required under the EPA, he or she may be charged with obstruction of justice.

A recent decision of the Ontario Court of Appeal sheds light on the duty to respond to requests made by environmental officers after a spill has been reported. While the EPA provides officers with broad powers to collect information, the duty to provide further information only arises where the request is properly

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