Husky didn’t respond quickly enough, charges contend
New details are emerging about the charges filed against Husky Energy Inc. and one of its subsidiaries following a 19-month joint federal and provincial investigation of a major pipeline spill in Saskatchewan two years ago.
Court records show that Husky and Husky Oil Operations Ltd. are accused of not doing enough to mitigate the effects of the spill into the North Saskatchewan River for four days after it began on July 20, 2016.
The Calgary-based companies are also accused of failing to immediately notify federal authorities that blended heavy crude oil had escaped into the river near Maidstone, according to the court documents.
The charges contain allegations that have not been proven in court.
The provincial and federal government confirmed filing a total of 10 charges under three pieces of legislation last Monday, hours after Postmedia News reported that an announcement on the matter was imminent.
Proceedings against the companies began Thursday in Lloydminster provincial court, and were quickly adjourned to June 21 after the oil and gas producer asked for more time to review the charges.
Five of those charges, filed under Section 38(6) of the Fisheries Act, allege that the companies “did not take all reasonable measures consistent with public safety and with the conservation and protection of fish and fish habitat” after the spill began.
Each of those five charges covers one day between July 20, when the leak began, and July 24.
A sixth charge under the same section alleges that Husky did not take “all reasonable measures consistent with public safety” to prevent the spill of heavy crude oil into the river near Maidstone, Sask. on July 20, 2016.
An additional charge under Section 38(5) of the Fisheries Act alleges that the companies “did not without delay ” notify an inspector, fishery officer or other prescribed authority of the oil spill in the hours after it began and was detected.
The remaining charges, filed under the Fisheries Act, the federal Migratory Birds Convention Act and Saskatchewan’s Environmental Management and Protection Act, deal more directly with the discharge of crude oil.
“We responded immediately as soon as the leak was discovered and activated our emergency response plan,” Husky spokesman Mel Duvall said in an email. Duvall said it would be inappropriate to comment further given that the courts are now involved.
Both the federal and provincial governments have also said they cannot comment further, as the matter is before the courts.
The 16-inch pipeline failed late on July 20, and leaked for at least seven hours before it was shut down for routine maintenance the following morning. Husky subsequently attributed the failure to ground movement.
The resulting oil plume flowed hundreds of kilometres downstream, forcing North Battleford and Prince Albert to establish secondary sources of drinking water. Last year, Husky reported spending $107 million on the cleanup.
The companies’ first court appearance came just over a year after the provincial government turned its probe of the spill over to prosecutors.
The provincial charge carries a maximum penalty of $1 million for each day an offence continues. Potential fines under both pieces of federal legislation can run into the millions of dollars. amacpherson@postmedia.com twitter.com/macphersona
(The companies) did not take all reasonable measures consistent with public safety and the protection of fish.