Per this article, in a case that involved a mining operation discharging harmful waste above the allocated amount, the British Columbia Court of Appeals sided with the government and charged the CEO of the company personally.
This confirms the position many courts are moving towards, which is that company executives can be personally liable for environmental infractions.
This decision puts directors and officers of a company at risk of liability, even if they did not have knowledge or intent of an incident.
This will override the protection offered by most Director and Officer insurance policies.
Given Canada’s prior establishment, via C-59, of laws governing environmental claims, it will not be long before this court case is used as foundation for claims against directors and officers of companies that are greenwashing. And once Canada moves on company officers and directors for greenwashers, courts in other countries will follow.