Alberta Court Declines To Extend Limitation Period For Contamination Claim

Environmental Protection and Enhancement Act Does Not Lengthen Limit for Contamination Claims Against Other Contributors

Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA) is not available to extend the limitation period for a party liable for remediation costs to make claims against other alleged contributors, the Court of Queen's Bench has recently ruled.

In Paramount Resources Ltd v Grey Owl Engineering Ltd, 2022 ABQB 333 [Paramount] the Court found that section 218 could not save a pipeline owner's claim against an engineering firm whose allegedly negligent construction work in 2004 contributed to a spill that occurred in 2018. The case adds clarity to the application of this unusual environmental remediation provision to claims for contribution from third parties in respect of remediation orders issued under the EPEA.