What is the "polluting pay principle" in the context of environmental legislation?
Northwest Territories, Canada
The following excerpt is from R v Northwest Territories Power Corporation, 2011 NWTTC 3 (CanLII):
In any situation where damage to the environment is ascertainable, it is expected that the offender will pay the cost of remediation. An offender who does not clean up the environmental mess that it has created will pay for the clean up as part of the penalty associated with sentencing. This is the “polluter-pay principle” referred to in Nova Scotia Attorney General v. Marriott (2008), NSSC 160 and described at paragraph 39 as “being firmly entrenched in environmental law in Canada”.
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