Recovering from an oil spill and next steps

If it is assessed that there may be long-term effects to an oil spill the recovery period begins. The goal of this phase is to return the environment as close as possible to its pre-spill state.

Each spill is unique and therefore timelines for recovery (if necessary) can vary. In some cases, the environment will recover rapidly, based on the response actions taken and the environment's ability to biodegrade the oil. In other cases, spilled oil can have a long-term impact on the environment. The spill can affect the ability to use the impacted areas, limit our ability to consume foods (e.g., fishery closures), and create longer-term concerns about ongoing contamination and exposure for local ecosystems, wildlife, and humans. In these cases, careful planning and coordination is key to help the environment recover. This can include long-term monitoring of the environment.

Environmental monitoring

The Government of Canada may continue monitoring the environment after the response phase is complete. The responsibilities of the polluters continue.

Experts, scientists, Indigenous Peoples, and the local community can help to:

• identify remediation measures and recovery goals;
• establish long-term monitoring objectives; and
• support routine site visits.

Marine pollution and oil spill investigations

Canada has strong legislation that protects the marine environment. In addition to making sure the polluter pays for the spill cleanup, the Government of Canada will investigate a spill and if a ship, oil handling facility, or ship-owner is found violating these laws. If there is a violation, the ship, oil handling facility or ship-owner can face fines or be sent to prison. Some examples of these federal legislations include:

• Canada Shipping Act, 2001 - the polluter may be prosecuted in court or fines (Administrative Monetary Penalties) may be imposed, depending on the incident. The maximum penalty includes a fine of $1M or 18 months imprisonment. The pollution penalties are posted on the Administrative Enforcement Action Summaries.
• Arctic Waters Pollution Prevention Act states that no person or ship shall deposit or permit the deposit of waste of any type in the arctic waters or in any place on the mainland or islands of the Canadian Arctic under any conditions.
• Marine Liability Act - People, communities, and responders affected by spills are eligible to claim compensation for economic losses, such as clean-up costs, property damage, and environmental remediation.
• The Fisheries Act protects fish as a public resource by prohibiting pollution that could cause harm to fish. It prohibits the deposit of all harm-causing substances: into water frequented by fish or to any place, under any conditions, where it may enter water frequented by fish.
• Canadian Environmental Protection Act, 1999 restricts the release  of toxic substances and hazardous waste into the environment.
• Migratory Birds Convention Act, 1994 states that no person or vessel shall deposit a substance that is harmful to migratory birds, or permit such a substance to be deposited, in waters or an area frequented by migratory birds, or in a place from which the substance may enter such waters or such an area.

Liability and compensation

The bottom line: the polluter pays. Anyone in Canada who has suffered damage or experienced losses from ship-source oil pollution, like those related to recovery efforts, can file a claim for compensation. Claims should be submitted as soon as possible. If your claim is eligible, you will be compensated. Learn more about how to get compensation and eligible claims here.

How much compensation is available if a tanker spills oil?

Polluters are responsible for providing compensation for eligible claims related to:

• pollution prevention measures
• clean-up costs
• property damage
• fisheries losses
• subsistence losses
• tourism losses
• environmental remediation