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DISCUSSION PAPER
ENVIRONMENTAL LIABILITY OF LOCAL GOVERNMENT OFFICIALS

PURPOSE

The purpose of this paper is to propose amendments to Sections 262 and 755.1 of the Municipal »
Act_and to Sections 1380 and 294 of the Vancouver Charter which would help protect and
indemnify local government officials, both elected and appointed, who, as a result of carrying
out duties and responsibilities for a Municipality or Regional District, are charged under

Fisheries and Environmental Legislation.

PROBLEMS

The environmental liability problem for local government officials is threefold:

The Fisheries Act, Canadian 2p ronmental Protection Act (CEPA), Waste
Management Act, and. the vironmental Management Act, create numerous
situations where local government officials, while carrying out normal duties and
responsibilities, can be charged for being directly - or indirectly involved in
environmental polluzion. Fines can range from $5,000 to $1,000,000 and jail
‘sentences ranging from a few months to five years. ;

The Municipal Act and the Vancouver Charter limit indemnification for local
government officials under the following sections: .

a. Section 262 (1) of the Municipal Act and Section 180(2) of the Vancouver
Charter prohibit a Council from paying a fine imposed on an officer, employee
or member of Council for a criminal offence. Conviction under the Federal
Fisheries Act and the Canadian Envir tal Protection Act could. be
considered a criminal offence. |
Section 755.1(3) of the ic and Section 294(5) of. the Vancouver
Charter prohibit suit against a Public Official for anything said, done, or
omitted by him “except” if he is guilty of dishonesty, gross negligence, Or
malicious or willful misconduct, or where the cause of action is libel or slander.

Due to vague and broad-net types of legal wording such as “due diligence",
"acquiesing to an offence", and “gross negligence", chances of a local government
official becoming a scape-goat or an example to others is very high in an
environmental event.

Sewage collection and treatment.

Landfill Operations.

Contaminated sites regulation.