Be Prepared: Understanding And Managing Municipalities' Liability For Environmental Offences

Municipalities should be aware of liabilities under provincial and federal environmental legislation, which have the potential for very large fines, operational restrictions, and unwanted public attention. Municipalities, like corporations and individuals, can be subject to prosecution for various offences under environmental legislation. While environmental offences are generally regulatory, or "quasi-criminal" in nature, contraventions under this type of legislation are prosecuted in criminal court, and open to the public.

Jurisdiction over the environment is shared between the provinces and federal government. It is not uncommon for one incident to give rise to liability under both provincial and federal legislation. Common statues that municipalities face enforcement action under include Alberta's Environmental Protection and Enhancement Act ("EPEA") and the Water Act, as well as the federal Fisheries Act and the Canadian Environmental Protection Act.