Southern Railway pleads guilty to Canadian TDGA violations

New Brunswick Southern Railway recently pled guilty to two of the 24 charges that had been laid against it under the Canadian Transportation of Dangerous Goods Act (TDGA). The charges deal with the mislabeling of tank cars by untrained staff.

The case stems from a Transport Canada investigation triggered by the Lac-Mégantic derailment and fire that killed 47 people in Quebec in July 2013.

Although that train the derailed at Lac-Mégantic  belonged to another railway — Montreal, Maine and Atlantic — and was travelling on that company’s track, the crude rail cars were destined for Saint John, New Brunswick and were to travel on NB Southern Railway track.

“The offences that we had in this case has no relation to Lac-Mégantic whatsoever,” federal prosecutor Denis Lavoie told reporters outside the courthouse following the guilty pleas made by Southern Railway

Investigators found that 6,800 tank cars of crude sent out prior to the Lac-Mégantic disaster had incorrect documentation prepared by untrained and uncertified NB Southern staff.

Twelve of the initial charges, under the Transportation of Dangerous Goods Act, related to failing to create proper shipping documents for the purpose of transporting petroleum crude oil. The other 12 charges related to having unqualified personnel complete the documentation.

Through a settlement, New Brunswick Southern Railway agreed to pay $10,000.00 in fines and $40,000 to be invested in improving the safety of the transportation of dangerous goods in Canada.

The Honourable Marc Garneau, Minister of Transport, stated the following in a press release: “As Minister of Transport, my thoughts continue to go out to the community of Lac-Mégantic and all those affected by this tragedy. Today, we close another chapter in this tragic event through a settlement that we have reached with New Brunswick Southern Railway.”

When Is It Too Late to Sue for Environmental Contamination? The Alberta Court of Appeal Rules

Written by Laura M. Gill, Stephanie Clark, and Justin Duguay, Bennett Jones LLP

On February 6, 2019, the Alberta Court of Appeal (ABCA) released its first ever decision on section 218 of the Environmental Protection and Enhancement Act (EPEA), which may extend limitation periods applicable to environmental contamination claims.

By a unanimous decision in Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 [Brookfield], the ABCA upheld a lower court decision where the judge refused to exercise his discretion under section 218 of the EPEA to extend the limitation period for an environmental contamination claim. Extending the limitation period would have likely been prejudicial to the defendant’s ability to maintain a defence to the claim, as the alleged cause of the environmental damage occurred over 60 years ago. We previously discussed the 2017 Court of Queen’s Bench decision in an earlier post, When is an Environmental Contamination Claim Too Old to Extend the Limitation Period?

Background

Brookfield Residential (Alberta) LP (Brookfield) brought a negligence claim in the Alberta Court of Queen’s Bench (ABQB) against Imperial Oil Limited (Imperial) for environmental contamination from an oil well. Imperial drilled and operated the well between 1949 and 1950, and disposed of it in either 1950 or 1954. Multiple owners operated the well between 1950 and 1957 and then used it for salt water disposal between 1958 and 1961, at which point the well was decommissioned and abandoned. After several additional transfers of ownership, the site was issued a reclamation certificate in 1968. Contamination requiring remediation was not discovered until 2010, when Brookfield was preparing the site for residential development.

Brookfield brought an application under section 218 of the EPEA to extend the limitation period, and Imperial cross-applied with a summary dismissal application, asserting that the limitation period had expired. Since it was clear that the ten-year ultimate limitation period under the Limitations Act had expired, Brookfield’s negligence claim was entirely dependent on an extension of the limitation period under section 218. The ABQB refused to extend the limitation period and summarily dismissed the action against Imperial. Brookfield appealed.

The appeal was dismissed. In its reasons, the ABCA provided guidance on three important aspects of section 218 applications: (i) procedure and timing; (ii) the impact of the passage of time on prejudice to the defendant; and (iii) policy considerations relevant to the fourth factor in section 218(3).

1. Applications Under Section 218 of the EPEA Should Be Decided Prior to Trial

The ABCA in Brookfield ruled that applications under section 218 of the EPEA should be decided prior to trial, overruling the two-part test in Lakeview Village Professional Centre Corporation v Suncor Energy Inc, 2016 ABQB 288 [Lakeview]. In Lakeview, the ABQB set out a two-part approach to section 218 applications where the court may make a preliminary determination on limitations and allow the action to proceed subject to a final determination on the merits of the limitations issue at trial. Lakeview became the leading case on the procedure for section 218 applications.

In overturning the Lakeview test, the ABCA found two problems with the approach of deferring the decision on extending limitation periods until trial. First, the Lakeview approach “is inconsistent with the wording of section 218, which provides that the limitation period can be extended ‘on application'”. Second, the approach defeats the whole purpose of limitation periods because it forces a defendant to go through the expense and inconvenience of a full trial on the merits for a determination on limitations, notwithstanding that a limitation period is intended to eliminate the distractions, expense, and risks of litigation after the prescribed time has passed.

2. The Passage of Time Increases the Likelihood of Prejudice to the Defendant

The ABCA affirmed the approach of balancing the four factors in section 218(3), which in this case revolved primarily around the third factor (prejudice to the defendant). The ABCA found that it was reasonable for the ABQB to infer prejudice from the passage of time, noting that this is the presumption behind statutes of limitation. The allegations in Brookfield’s claim occurred over 60 years ago, and as such, witnesses and documentary evidence were difficult to identify and were no longer available. The passage of time also made it difficult to establish the proper standard of care. The ABCA agreed that attempting to determine 1949 industry standards and the standard of care at that time would prejudice Imperial.

3. The Competing Policy Objectives of the Limitations Act and the EPEA

The ABCA also provided guidance on the fourth factor listed in section 218(3), which grants judicial discretion to consider “any other criteria the court considers to be relevant”. The ABCA found that policy considerations behind limitations statutes were relevant criteria that should be weighed. In particular, the ABCA noted the policy objectives of statutes of limitations that actions must be commenced within set periods so that defendants are protected from ancient obligations, disputes are resolved while evidence is still available, and claims are adjudicated based on the standards of conduct and liability in place at the time. However, on the other hand, the ABCA highlighted that the EPEA has a “polluter pays” objective where a polluter should not escape responsibility by the mere passage of time.

Implications

The ABCA’s decision in Brookfield changes the procedure for extending limitation periods in environmental contamination claims. Rather than waiting until trial, parties must bring section 218 applications early on. As a result, plaintiffs in contaminated sites claims should also carefully assess the impacts on defendants of the passage of time in making section 218 applications. Brookfield reinforces that a court will likely presume greater prejudice from a longer passage of time, especially if witnesses and evidence may be difficult to identify and the standard of care may be difficult to assess. Going forward, Brookfield suggests that the Court will take a practical approach to assessing prejudice against a defendant when deciding whether to extend limitation periods in contaminated site claims where the ultimate limitation period has passed.


This article has been republished with the permission of the authors. It was first published on the Bennett Jones website.

About the Authors

Laura Gill is called to the bar in Alberta and British Columbia and has a commercial litigation practice specializing in energy and natural resources, First Nations issues, and environmental matters. Laura advises clients on disputes in a wide range of corporate matters, including complex breach of contract claims and joint ventures.

Laura’s experience in the energy industry includes litigating disputes involving leases, right-of-way agreements, ownership stakes, royalties, gas supply contracts, farmout agreements, and CAPL operating agreements. Laura also acts on appeals and judicial review proceedings following decisions of regulatory bodies, in particular with respect to regulatory approvals for energy-related projects in Alberta and British Columbia.

Stephanie Clark has a general commercial litigation practice. Stephanie has assisted with matters before all levels of the Alberta court system. During law school, Stephanie held a student clerkship with the Honourable Mr. Justice Nicholas Kasirer at the Court of Appeal of Quebec, competed in the 2015 Jessup International Law Moot, and was awarded with the Borden Ladner Gervais Professional Excellence Award. Stephanie articled with the firm’s Calgary office prior to becoming an associate. 

Justin Duguay is an articling student at Bennett Jones.

Halliburton building explosives facility in Nova Scotia

As reported by the CBC, International oil services company Halliburton is preparing to open an explosives storage facility in Nova Scotia’s Hants County next month. The location of the facility is the former barite mine, approximately two kilometres off the main road. It will be used to store explosives that are used in oil and gas exploration.

Natural Resources Canada’s (NRCan) Explosives Safety and Security Branch (ESSB) administers the Canadian Explosives Act and Regulations. Manufacturers, importers, exporters, transporters, sellers, or users of explosives are all subject to the Explosives Act and Regulations.

The buildings the explosives will be stored in are specially designed to help contain explosions.  Emily Mir, a spokesperson for Halliburton, said the facility will be comprised of several secured storage modules surrounded by a steel fence.

Explosives will be trucked from Halliburton’s Jet Research Center in Alvarado, Texas, to the Nova Scotia storage facility, where they will be stored until they’re needed at other locations in Eastern Canada. Explosives are used to create holes in the steel pipes at the bottom of exploration wells to allow oil or gas to flow into the pipe for extraction. They are also used to help remove pipes from wells when they are no longer in production.


The approximate location of a Halliburton storage facility that will begin operating at the end of February. – Google

Local politicians and residents have raised concerns about the facility and claim they have been kept in the dark about the construction and operation of the facility.

Abraham Zebian, the warden of the Municipality of the District of West Hants, said he was caught off guard by CBC’s questions about the project, as he had little information about it. But he said he does have concerns.

“That would be concerning to any resident, to have that in their backyard,” he said to the CBC. “Disasters ring a bell to me that have happened in Nova Scotia historically. That’s the first thing you start thinking about.”

The Barite mine where the explosives storage facility will located operated for approximately 40 years and used dynamite on a daily basis. An an unfortunate blast was made in one of the large fault zones in 1970 which resulted in flooding of the mine. It ended production 1978. During its operation it was Canada’s largest barite mine and one of the largest deposits in the world. 

The previous owner of the site had a tailings pond that overflowed into the Minas Basin. After Halliburton acquired the property they demolished the old buildings and built a safer berm around the tailings pond.

Ms. Mir told the CBC that the explosives will have the same grade of charges as those used in the mining industry. The amount of explosives stored on site will depend on demand, she said, adding that Halliburton expects to store substantially less than the company’s permit allows.

Legislation

Explosives are highly regulated by Natural Resources Canada under the Explosives Act and Regulations. Transportation of the explosives would need to conform with the federal Transportation of Dangerous Goods Act and Regulations. Ms. Mir said Halliburton received all necessary permits from Canada’s Department of Natural Resources – Explosives Regulatory Division for storage.

The Nova Scotia Environment Ministry, Margaret Miller, confirmed with the CBC that no provincial permits were required for the storage site.

The company did apply to Municipality of the District of West Hants and received a permit for the facility. The permit allows for an industrial accessory steel storage building for storage relating to future offshore oil and gas industry. The permit was issued Nov. 13, 2018, for a 16-foot by 60-foot single storage building.


The explosives storage facility is being built on a piece of property near Walton, N.S., that is owned by Halliburton. (Photo Credit: Robert Short/CBC)

​Ms. Mir said Halliburton has obtained all the necessary permits for the project from Natural Resources Canada as well as a building and development permit from the municipality.

The company said it has hired for three positions at the facility, which is expected to begin operations at the end of February.


Cost of Nuclear Waste Clean-up in the U.S. estimated at $377 Billion

A new report by the United States General Accounting Office (GAO) estimates the total cleanup cost for the radioactive contamination incurred by developing and producing nuclear weapons in the United States at a staggering $377 billion (USD), a number that jumped by more than $100 billion in just one year.

The United States Department of Energy (DoE) Office of Environmental Management (EM) is responsible for cleaning up radioactive and hazardous waste left over from nuclear weapons production and energy research at DoE facilities. The $377 billion estimate largely reflects estimates of future costs to clean up legacy radioactive tank waste and contaminated facilities and soil. 

The U.S. GAO found that EM’s liability will likely continue to grow, in part because the costs of some future work are not yet included in the estimated liability. For example, EM’s liability does not include more than $2.3 billion in costs associated with 45 contaminated facilities that will likely be transferred to EM from other DOE programs in the future.

In 1967 at the height of the U.S.–Soviet nuclear arms race, the U.S. nuclear stockpile totaled 31,255 weapons of all types. Today, that number stands at just 6,550. Although the U.S. has deactivated and destroyed 25,000 nuclear weapons, their legacy is still very much alive.

Nuclear weapons were developed and produced at more than one hundred sites during the Cold War. Cleanup began in 1989, and EM has completed cleanup at 91 of 107 nuclear sites, Still, according to the GAO, “but 16 remain, some of which are the most challenging to address.” 

EM relies primarily on individual sites to locally negotiate cleanup activities and establish priorities. GAO’s analysis of DOE documents identified instances of decisions involving billions of dollars where such an approach did not always balance overall risks and costs. For example, two EM sites had plans to treat similar radioactive tank waste differently, and the costs at one site—Hanford—may be tens of billions more than those at the other site. 

Each of the 16 cleanup sites sets its own priorities, which makes it hard to ensure that the greatest health and environmental risks are addressed first.
This is not consistent with recommendations by GAO and others over the last two decades that EM develop national priorities to balance risks and costs across and within its sites. 

By far the most expensive site to clean up is the Hanford site, which manufactured nuclear material for use in nuclear weapons during the Cold War. In 2017, the DoE estimated site cleanup costs at $141 billion.

Environmental liabilities are high risk because they have been growing for the past 20 years and will likely keep increasing.

EM has not developed a program-wide strategy that determines priority sites. Instead, it continues to prioritize and fund cleanup activities by individual site. Without a strategy that sets national priorities, EM lacks assurance that it is making the most cost-effective cleanup decisions across its sites.

The GAO is made three recommendations to DOE: (1) develop a program-wide strategy that outlines how it will balance risks and costs across sites; (2) submit its mandated annual cleanup report that meets all requirements; and (3) disclose the funding needed to meet all scheduled milestones called for in compliance agreements, either in required annual reports or other supplemental budget materials.

When Oil and Water Mix: Understanding the Environmental Impacts of Fracking

Dan Soeder, director of the Energy Resources Initiative  at the South Dakota School of Mines & Technology, has co-authored the cover article titled “When oil and water mix: Understanding the environmental impacts of shale development,” in the recent issue of GSA Today, a magazine published by the Geological Society of America.

The article explores what is known and not known about the environmental risks of fracking with the intent of fostering informed discussions within the geoscience community on the topic of hydraulic fracturing, says Soeder. Soeder’s co-author is Douglas B. Kent of the United States Geological Survey.

In this paper, Soeder and Kent bridge the gap in consensus regarding fracking, providing current information about the environmental impacts of shale development. The article is open access and adheres to science and policy, presenting a complicated and controversial topic in a manner more easily understood by the lay person.

“Geoscientists from dinosaur experts to the people studying the surface of Mars are often asked by the public to weigh-in with their opinions on fracking. We wanted the broader geoscience community to be aware of what is known and not known about the impacts of this technology on air, water, ecosystems and human health.  A great deal has been learned in the past decade, but there are still critical unknowns where we don’t yet have answers,” Soeder says.

Development of shale gas and tight oil, or unconventional oil and gas (UOG), has dramatically increased domestic energy production in the United States and Canada.  UOG resources are typically developed through the use of hydraulic fracturing, which creates high-permeability flow paths into large volumes of tight rocks to provide a means for hydrocarbons to move to a wellbore. This process uses significant volumes of water, sand, and chemicals, raising concerns about risks to the environment and to human health.

In the article, Soeder and Kent address the various potential impacts of fracking and how those impacts are being addressed.  Risks to air include releases of methane, carbon dioxide, volatile organic compounds, and particulate matter. Water-resource risks include excessive withdrawals, stray gas in drinking-water aquifers, and surface spills of fluids or chemicals. Landscapes can be significantly altered by the infrastructure installed to support large drilling platforms and associated equipment. Exposure routes, fate and transport, and toxicology of chemicals used in the hydraulic fracturing process are poorly understood, as are the potential effects on terrestrial and aquatic ecosystems and human health.

Schematic diagram illustrating unconventional oil and gas (UOG) development activities relevant to research on human-health and environmental impacts (not to scale): well-pad construction (1); drilling (2); completion/stimulation (3, 4); production of natural gas (5) and oil (6) with well casings designed to protect drinking-water aquifers; ultimate closure (plug and abandon), illustrating legacy well with leaking casing (7); wastewater disposal (8); induced seismicity (9); landscape disturbance (10); and potential for transport pathways from deep to shallow formations (11). Also represented are water supply wells in shallow and deep aquifers (12). Photographs by Dan Soeder.

 

CHAR Announces Successful Commissioning of Biocarbon Facility

Andrew White, CEO of CHAR Technologies Ltd.

CHAR Technologies Ltd. (“CHAR”) (YES – TSXV) recently announced that it has successfully commissioned its biocarbon production facility.  CHAR creates two types of biocarbon, an activated charcoal “SulfaCHAR” and a solid biofuel (bio-coal) “CleanFyre.”  At full capacity, the facility will be capable of producing up to 5 tonnes per day of biocarbon.

“Successful commissioning is a very significant milestone for CHAR,” said Andrew White, CEO of CHAR. “We are now able to produce commercial quantities of SulfaCHAR, as well as enough CleanFyre to test as part of our project with ArcelorMittal Dofasco and Walker Environmental.”

The completion of commissioning is the next milestone in CHAR’s Sustainable Development Technology Canada (SDTC) project.  Upon acceptance of the milestone report by SDTC, the next progress payment can be processed.

CleanFyre is a carbon neutral solid biofuel, and through its implementation will allow users to significantly reduce their GHG emissions.  SulfaCHAR is a zero-waste activated charcoal, with application in the desulfurization of renewable natural gas.  Both are made from low-value materials, including anaerobic digestate and wood-based by-products.

About CHAR

CHAR Technologies Ltd. is a cleantech development and services company, specializing in biocarbon development (activated charcoal ‘SulfaCHAR’ and solid biofuel ‘CleanFyre’) and custom equipment for industrial air and water treatment, and providing services in environmental management, site investigation and remediation, engineering, and resource efficiency.

CHAR Pyrolysis Unit, pre-installation and commissioning (Photo Credit: CHAR)

B.C. spill response plans in limbo after Trans Mountain decision

The recent Federal Court of Appeal delaying approval of the Trans Mountain Pipeline Project coast has put the B.C. spill response in limbo.  The proposed pipeline expansion project would see an oil pipeline expansion from Alberta to the British Columbia coast.  The Federal Court of Appeal denied approval of the project pending greater consultation with indigenous communities and greater need for mitigating environmental risks.

The oil spill response plan, as part of the Trans Mountain Pipeline project, is to build six new spill response bases along B.C.’s coast that would be the home port of 43 new spill response vessels and 120 new crew members.

Map of proposed Trans Mountain Pipeline Expansion Configuration.

The oil spill response plan is to be funded, in part, from a $150 million that is to be collected by Western Canada Marine Response Corp. (WCMR Corp.) from tolls for use of the expanded pipeline.  WCMR Corp. is an industry-funded organization tasked with responding to and cleaning up spills along B.C.’s coast.

When the project gets approval for construction is uncertain.  The federal government is considering a number of options including appealing the Court decision and enacting legislation.

The delay in building additional pipeline capacity from the Alberta oil sands has resulted ins an increase in rail shipment of oil.  More than 200,000 barrels of oil are now carried by rail in Canada each day, up from less than 30,000 in 2012.

In 2017, Canadian crude oil supply grew to 4.2 million barrels a day — exceeding total pipeline capacity leaving Western Canada. As a result, a record-setting volume of oilpatch output is now moving by rail to refineries in the U.S.

If the proposed spill response enhancements are built, the response to an oil spill on Canada’s west coast will be reduced from six hours to two hours for Vancouver Harbour and down from 18-72 hours to six hours for the rest of the coast.

The six bases would have been built in Vancouver Harbour, near Annacis Island in the Fraser River, in Nanaimo, Port Alberni, the Saanich Peninsula and Beecher Bay near Sooke.

 

Are there Greenhouse Gas Emission Savings in Hazmat or Remediation Projects?

Up to $575,000 in support available for winners of contest held on Massachusetts Institute of Technology’s Climate CoLab platform

The Centre of Social Innovation in Toronto recently launched a contest to solicit a broad range of possible solutions to help small to medium enterprises (SMEs) in Ontario reduce their direct and indirect greenhouse gas (GHG) emissions.  The winning proposals will be eligible to receive funding and support to pilot their solutions in Ontario over eight months.

In-situ remedation may generated GHG credits vs. dig-and-dump

The contest, now sourcing proposals on the Massachusetts Institute of Technology’s (MIT’s) Climate CoLab platform, allows members of the public to provide feedback to proposal authors, and to cast votes for the People’s Choice Winner.  A panel of judges will select 3-5 winning proposals based on their desirability, feasibility, scalability and impact to potentially be piloted in Ontario.

SMEs make up 98.2% of businesses in Canada, and emit as much climate change-causing greenhouse gas (GHG) emissions per year as Canada’s combined transportation sector, including every car, truck, train, plane, and ship. Reducing their emissions can benefit SMEs by helping them grow while also building healthier communities.

“Recent research from the University of Waterloo shows us that the vast majority of SMEs believe that sustainability is important,” said Barnabe Geis, Director of Programs at the Centre for Social Innovation. “We want to support the implementation of solutions – whether technologies, programs or services – that help SMEs meet their sustainability goals as a powerful way to both strengthen our economy and improve the health and well-being of our communities.”

Barnabe Geis,
Director of Programs, Centre for Social Innovations – Toronto

Many SMEs face barriers to lowering their emissions, from lacking the technical expertise to assess options for reducing emissions to not being able to afford the upfront costs of a low-carbon technology. However, once the right technologies or practices are implemented, the savings and other benefits to SMEs can be substantial. This contest will offer support to demonstrate the value and scalability of solutions in order to make the path towards sustainability more accessible to SMEs across the province.

There may be opportunities in the hazmat and remediation sectors to reduce the generation of GHGs from SMEs.  If so, the contest offers a great chance to secure third-party funding to pursue the opportunities.

The contest is open to proposal submissions until August 3, 2018. Proposals submitted prior to July 11th, will be reviewed by the Judges and given feedback before the contest deadline.

For further information on the contest, contact Barnabe Geis, Director of Programs at the Centre of Social Innovation at barnabe@socialinnovation.ca.

Oil Spill Response using Real Time Tracking and GIS Technology

A new project taking place of the coastline of St. John’s Newfoundland aims to reshape marine oil spill response through real-time tracking and GIS technology.

Integrated Informatics Inc., headquartered in Houston,Texas, recently received funding from the Newfoundland and Labrador Innovation Council to undertake a project that will aim to reshape the way in which asset and personnel tracking are handled for Marine Oil Spill Response in Newfoundland and Labrador.

In November 2008, the Odyssey, a British-owned oil tanker, broke in two, caught fire and sank in heavy seas about 900 miles east of Newfoundland, spilling about a million barrels of oil.

The project will include the development of a new Tracking Data Management System to be deployed to Marine Emergency Response Industry users.

A spokesperson for Integrated Informatics, Sharon Janes, stated in a press release, “It is not uncommon to still see paper maps and documents heavily relied upon in Emergency Response Plans.  The problem with these resources is that they do not present information that is as complete and current as possible within an emergency situation. This is what we are excited to help change – putting this data into the hands of responders as quickly and efficiently as possible.”

The Tracking Data Management System will be completed by August 2019, consisting of a suite of applications for asset and personnel tracking and a data management system to streamline the acquisition of data necessary for emergency preparedness exercises and active response within command centers.  These products will utilize Geographic Information System (GIS) technology – including rich mobile and web interfaces – as well as a robust data analytics and reporting dashboard.

Ms. Janes also stated, “By accessing asset and personnel tracking data through mobile devices and the web, first responders will be able to more efficiently interpret data, analyze trends, and plan response in real-time. Because this system rests on such a familiar platform [mobile, web], those with technical and non-technical backgrounds alike will be able to implement it into their workflows with ease.”

The planned system is one that has long been of interest within the Emergency Response and Natural Resources sectors of the Province – especially as organizations explore new, more challenging environments alongside their own endeavors to align processes and practices with innovative digital technologies.

Integrated Informatics Inc. is a consultancy for Geographic Information System implementation and development. Founded in 2002, Integrated Informatics has offices in Calgary, Alberta, Houston, Texas, and St. John’s, Newfoundland.

First ship launched of Trans Mountain spill response fleet

As reported by jwnenergy.com, the first of 43 new spill response vessels being built to support the Trans Mountain Pipeline expansion was launched recently in Prince Rupert, B.C.

The 26-foot Sentinel 30 workboat and landing craft was built for Western Canada Marine Response Corp. (WCMRC).  WCMRC is the Transport Canada-certified marine spill response organization for Canada’s West Coast. Its mandate under the Canada Shipping Act is to be prepared to respond to marine oil spills along all 27,000 km of British Columbia’s coastline, and to mitigate the impact when a spill occurs. This includes the protection of wildlife, economic and environmental sensitivities, and the safety of both the responders and the public.

The Sentinel 30 Spill Response Vessel built by WCMRC

The spill response vessels are part of an investment of $150 million committed after Kinder Morgan made its final investment decision on the pipeline in June 2017, British Columbia’s largest-ever expansion of spill response personnel and equipment.

“Workboats are the backbone of a response. These support vessels deliver equipment and personnel to a response, tow boom as part of a sweep system, deploy skimmers and can assist with waste removal,” WCMRC said in a statement.

“To perform these tasks, the new Sentinel 30 is powered by twin 150 HP counter-rotating Yamaha outboards and can travel at up to 35 knots.”

The Sentinel 30 will undergo spill response trials in Prince Rupert and ultimately be transitioned to the new 24/7 response base in Saanich on Vancouver Island.

In total, WCMRC is building 40 new vessels as part of the Trans Mountain pipeline spill response fleet. Other new vessel builds underway at WCMRC shipyard include purpose-built skimming vesselsCoastal Response Vesselslanding craft and response barges.

The Trans Mountain spill response enhancements also include six new response bases and about 135 new personnel. These new resources will be located along shipping lanes in the Salish Sea, with about 70 of the new WCMRC employees and most new vessels located at bases on Vancouver Island, according to Kinder Morgan.  Following the enhancements, there will be over 80 vessels in the fleet.

All new personnel, facilities and equipment will be in place several months before the first oil tankers associated with the expansion begin calling at Burnaby’s Westridge Marine Terminal in Burrard Inlet, the company said when the enhancements were announced last June.