Director And Officer Liability For Environmental Offences

Explore other chapters in the Mining Disputes Insights Series 2026.

Key takeaways

• Directors, officers, and agents can be criminally liable for environmental offences committed by their corporations under “secondary liability” provisions — even without knowledge of the underlying offence.
• Courts will focus on control, not awareness or intent, when assessing individual liability in regulatory regimes.
• Participation in highly regulated industries such as mining carries heightened personal legal risk, making due diligence and active oversight critical safeguards.

Why this matters

The British Columbia Court of Appeal’s decision confirms that directors and officers can face personal criminal liability for environmental offences committed by their corporations — even without knowledge of the underlying conduct. For participants in highly regulated industries such as mining, the ruling reinforces that control, not awareness, is the key driver of exposure, making active oversight