Liability for Drilling-and-Production-Source Oil Pollution in the Canadian Offshore

Leslie McGrath was a librarian with the Toronto Public Library.

This working paper investigates the problems arising from current legislation concerning liability — imposition for damage arising from offshore oil drilling. The fact that three overlapping Canadian statutes, the Oil and Gas Production and Conservation Act, the Arctic Waters Pollution Prevention Act, and the Fisheries Act all apply to petroleum-related offshore spills complicates the assessment of liability exposure and makes recovery possibilities difficult. “Indeed,” writes Yoder, “variations on the statutes offer both claimants and defendants fertile ground for advantage-seeking arguments.” A full legislature background, analysis, and comparison of the statutes is provided. This is a timely, well-written, and informative study.