Montreal Quebec - Canadian Pacific says it shouldn't be forced to clean up the Lake Megantic oil spill because Quebec botched the process of issuing an emergency environmental order against the company.
 
CP says the environment ministry did not supply it with all the documents it had related to the oil spill within 30 days, as required by law.
 
Last summer, Quebec used the province's environmental-quality law to order Montreal Maine & Atlantic Railway (MMA), World Fuel Services Corp., and Western Petroleum Co. to clean up spilled oil and any other contaminants.
 
They also had to prevent the spread of contaminants into the environment, evaluate the extent of the environmental contamination, devise a cleanup and decontamination plan, and then execute that plan.
 
About two weeks later, the government added CP and World Fuel Services Inc. to the cleanup order.
 
Nearly 6 million litres of crude oil spilled and 47 people were killed 6 Jul 2013 when a runaway oil train derailed and exploded in Lake Megantic.
 
Quebec's environment department rejected appeals by the companies to modify or quash the orders.
 
CP appealed that decision to the Tribunal administratif du Quebec (TAQ), and a three-judge panel began hearing the appeal Tuesday.
 
CP lawyer Andre Durocher told the panel it took the environment ministry nearly four months to provide the company with documents it had related to the environmental order.
 
When CP got the documents, it was clear they did not include all the information the ministry has related to the derailment and oil spill, Durocher said.
 
The first document in the file was dated 19 Jul 2013, nearly two weeks after the derailment, Durocher said.
 
Another document, dated 28 Jul 2013 and called "Topo 52," was partially edited, but provided details about environmental contamination and testing that was being done near the lake and Chaudiere River.
 
"Where are Topos 1 to 51?" Durocher asked.
 
"We have a right to all the documents related to Lake Megantic. We can't intelligently defend ourselves if we don't have technical information about the contamination."
 
CP argued that by the time it was added to the environmental order on 14 Aug 2013, environment department documents showed contamination levels were decreasing and there was no longer an environmental emergency.
 
Durocher said that if the TAQ decides the order can stand, it should sanction the government for not respecting the 30-day deadline, and order the ministry to give CP all the documents it has related to Lake Megantic.
 
CP is to continue its arguments Wednesday.
 
Earlier Tuesday, the judges heard a request from the Gazette to lift a publication ban on six documents related to the case.
 
The tribunal issued a temporary publication ban on the documents in December at the request of CP, World Fuel Services, and Western Petroleum.
 
CP and MMA opposed lifting the publication ban, arguing that if the Gazette wanted documents, it could file a request under Quebec's access-to-information law.
 
The companies also argued that while TAQ hearings are open to the public, the documents the environment department provided to the TAQ are not.
 
They argued the documents would only become public once they are entered as evidence at the TAQ.
 
The tribunal did not decide on the Gazette's request Tuesday.
 
Last week, the tribunal ruled the Comite citoyen de la region du Lake Megantic can act as an intervenor in the proceedings, but can only make a maximum one-hour presentation.
 
The TAQ refused a request from Daniel Green, of the environmental group Societe pour vaincre la pollution, to intervene in the case.
 
It said Green's ongoing dispute with the provincial environment department over the extent of contamination of the Chaudiere River would cause delays in the hearing on the environmental order, and result in higher costs for the parties involved.

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