The Canadian SSOP Fund and Environmental Damage Assessment (EDA) in Canada

6. Conclusions

Due to the infancy of the Environmental Damage Assessment process in Canada, it is clearly at a stage in its history where conflict emerges between the theoretical aspects developed by its creators and its use by judges. We have not been able to find cases where the process was taken into account by Canadian courts nor have we found specific legislation that addresses the issue of damage assessment. However, a number of authors recognize the use of EDA and highly recommend its application in the legal system, partly because of the gaps between fines and actual damage in environmental offences. The development of the Environmental Damages Fund by Environment Canada may prove to be a strong influence on judges to call upon EDA. The impact, if any, of such developments on the statutory civil Liability of the SSOP Fund remains to be seen.

The author, Kenneth A. MAC NNIS, QC, of Bedford, Nova Scotia, was appointed to the public office of Administrator of the Ship-source Oil Pollution Fund of Canada by the Governor General in Council in 1998, and again in 2004. The author’s views in this paper do not necessarily reflect those of any other person, organization or government.