This may surprise you, but that already exists in Quebec, and has been there since 1978. That is not recent. Since 1978, the Environment Quality Act stipulates that all owners of contaminants — and of course the act lists contaminants, including the oil that was being transported through Lac-Mégantic —, even if they are not in their control at the time of the accident, are responsible for the clean-up costs. Furthermore, the order was issued by the Minister of the Environment.
You say that Irving owned the oil, on July 6, the day of the tragedy. However, according to certain statements made in the context of the current class action suit , it would seem that that issue is in dispute. Did World Fuel Services, the company who initially owned the oil, remain its owner until the oil arrived in the port of Saint John, New Brunswick? Or did Irving own it? To my knowledge, the notice was sent to both presumed owners.
As you can see, such measures already exist, but unfortunately, the Department of the Environment is the only beneficiary. This only has a bearing on environmental damages. That provision cannot be invoked for anything to do with victims' compensation, including under a class action suit.
Would it be feasible? Certainly. Will this provision, which triggered an order, be challenged by the owner, probably all the way to the Supreme Court, so it can be deemed unconstitutional? Most probably. Will these people succeed? In my opinion, no, as was the case for tobacco companies who lost before the courts when legislation specifically allowing them to be sued was enacted.
The fact remains that for this particular issue, things will drag on for 10 years. That is how long it would take for a constitutional challenge of this provision. I do not know if such a provision already exists in other provinces, but this particular one has existed in Quebec since 1978.