The goal of any extracontractual liability regime is to make sure that an operator’s actions in terms of prevention are at the highest possible level and to make sure that the company itself, not the Crown or the taxpayers, assumes the clear risks. Certainly, when a regime is based on the polluter pays principle, and when the provisions of the legislation require the company to pay a greater part of the damages in the case of a catastrophic spill, the company will take steps in advance to modify its behaviour. In this case, modifying the behaviour of those with a financial stake is most important. As Mr. Leef mentioned, the cases we are talking about are quite rare, but it makes sense to ensure that those involved act prior to an accident as much as possible.
On June 3rd, 2014. See this statement in context.