Calgary Herald

Railway’s insurance coverage uncertain

Spinoff costs could add up from disaster

- MIKE DE SOUZA

OTTAWA — Federal officials are uncertain about the limits of the Montreal, Maine and Atlantic Railway’s ongoing insurance coverage, prompting new questions about the company’s survival and whether Canadian taxpayers will be on the hook for rebuilding a Quebec town decimated by this month’s runaway train disaster.

“My first thought is the Department of Justice better get on this very quickly,” said Liberal transporta­tion critic David McGuinty. “There have to be, of course, assessment­s, legal opinions rendered ASAP as to what extent the Canadian people are going to have to (pay).”

McGuinty said that numerous spinoff costs could emerge, on top of cleanup and rebuilding efforts from the disaster that claimed the lives of dozens of people. He said the department would need to assess whether it can recover those amounts from either the company or its insurance providers.

The Canadian Transporta­tion Agency, an independen­t regulator and tribunal that is responsibl­e for issuing certificat­es of fitness, based on insurance coverage, that allow railways to operate, said the company confirmed on Wednesday that it still had insurance for its operations as well as those of its subsidiary, MMAC. But an agency spokeswoma­n said it needed to review whether this insurance coverage was adequate.

“We are in the process now of doing an assessment, doing a review of the informatio­n, in order to confirm that they continue to have adequate insurance liability for their ongoing operations …” said Jacqueline Bannister, from the agency.

The company’s president, Ed Burkhardt, said last week that the railway’s insurance limits would be tested by the disaster. But he didn’t elaborate and couldn’t be reached for comment Thursday.

A Dublin-based insurance company, XL Group PLC, has confirmed it is among the insurers of the railway.

But Daniel Gardner, a Quebec law professor specializi­ng in liability issues, suggested that legal action could take more than 15 years to resolve, likely requiring government­s to pay for cleanup efforts in the meantime.

He also said that reaching financial agreements in response to the existing disaster could be more difficult than the recent BP Deepwater Horizon disaster in the Gulf of Mexico because of the size of the different companies involved. “The problem is MMA is not BP, so in terms of their assets, and in terms of their capacity to pay, we could in theory have a lawsuit, but I’m certain that, in practical terms, people won’t launch legal action if they realize that this company isn’t insured.”

McGuinty, an Ottawa-area MP, also said the federal government should consider updating plans for legislatio­n to increase liability for companies that cause environmen­tal disasters, by extending it — beyond pipelines, offshore spills and nuclear accidents — to include railway companies.

NDP transporta­tion critic Olivia Chow told Postmedia News she planned to send out an official notice Thursday calling for the House of Commons transport committee to meet next week to review safety oversight and other related concerns that have been highlighte­d in recent audits.

She also said the govern- ment should immediatel­y announce details of a support package, pledged by Prime Minister Stephen Harper for Lac-Mégantic, and then sort out details about compensati­on from companies afterward. “One way or another a support package has to be announced now,” said Chow, who represents a Toronto riding, “because certainly that municipali­ty can’t do it and the Quebec government shouldn’t do it alone. The federal government, that has the responsibi­lity for rail safety, should bear the responsibi­lity.”

Will Amos, director of the Ecojustice law clinic at the University of Ottawa, said the accident has exposed weaknesses with existing regulation­s and legislatio­n, noting authoritie­s have restricted access to assess the extent of oil spilled into nearby waterways, as well as limited ability to ensure that polluters pay for the damage they cause.

“We need a full review of federal legislatio­n regarding all forms of spill liability,” he said. “We need a comprehens­ive review and strengthen­ing of those provisions because, at present, the Canadian taxpayer is not fully protected.”

Officials from the Justice Department and Transport Canada were not immediatel­y able to comment.

 ?? Ryan Remiorz/the Canadian Press ?? The aftermath of the Montreal, Maine and Atlantic Railway’s derailment and fire is seen in Lac-Mégantic earlier this week. Officials have confirmed 42 people are dead and another eight people are missing and believed to be dead.
Ryan Remiorz/the Canadian Press The aftermath of the Montreal, Maine and Atlantic Railway’s derailment and fire is seen in Lac-Mégantic earlier this week. Officials have confirmed 42 people are dead and another eight people are missing and believed to be dead.

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