Charged Was: Regional Municipality of Wood Buffalo

Court Appearance: September 11, 2020 in Fort McMurray Provincial Court

Date Charges Laid: May 6, 2019

Date Of Alleged Offences: On or between the 8th day of May 2017 and the 17th day of May 2017

Description of Charges Laid: Allegedly did: release or permit the release into the environment of a substance in an amount, concentration or level or at a rate of release that causes or may cause a significant adverse effect; did release a substance or permit the release of a substance into any part of a waterworks system that causes or may cause the potable water supplied by the system to be unfit for any of its intended uses; release a substance or permit the release of a substance into any part of a waterworks system that causes or may cause the concentration of the substance or of any other substance in the potable water supplied by the system to vary from the specified concentration for the substance set out in any applicable approval or code of practice or the regulations; did handle dangerous goods without complying with all applicable safety requirements and security requirements; contravene a term or condition of an approval.

Penalty: The Regional Municipality of Wood Buffalo pleaded guilty to one count of releasing a substance into the environment in an amount, concentration or level or at a rate of release that causes or may cause a significant adverse effect, which is contrary to section 109(2) of the Environmental Protection and Enhancement Act. The municipality was penalized $150,000, most of which was diverted to two creative sentencing projects.


Charged Was: The Town of Bow Island and Ryan Jeffery Sanderson

Court Appearance: August 11, 2020 in Medicine Hat Provincial Court

Date Charges Laid: February 11, 2020

Date Of Alleged Offences: Variously, on or between January 1, 2014, and December 31, 2017

Description of Charges Laid: Allegedly did: fail to monitor potable water in a waterworks system; fail to immediately report a contravention of the Code of Practice for a Waterworks System Consisting Solely of a Water Distribution System; fail to immediately report any structural or equipment malfunction in the waterworks system that may affect the quality or supply of potable water; provide false or misleading information; fail to obtain water samples and submit the samples for physical, microbiological, radiological or chemical analysis by an approved laboratory in accordance with the applicable code of practice.

Penalty: The Town of Bow Island pleaded guilty to failing to immediately report structural or equipment malfunctions in the waterworks system, contrary to section 7.1.2 of the Code of Practice for a Waterworks System Consisting Solely of a Water Distribution System. The town was fined $10,000 and was placed under a 2.5-year probation order that will closely monitor the town’s compliance with legislated monitoring and reporting requirements. The town’s former employee, Ryan Jeffery Sanderson, pleaded guilty to one count of providing false or misleading information, contrary to section 227(b) of the Environmental Protection and Enhancement Act. Mr. Sanderson was sentenced to six months jail, to be served in the community under a conditional sentence order, followed by two years of probation. He is also prohibited from operating water or wastewater systems in the province for two and a half years.


Charged Was: Claude Mantha Parent, Brian Joseph Mareck, Jennifer McCallum-Maltauro

Court Appearance: April 2, 2020 in Whitecourt Provincial Court

Date Charges Laid: November 27, 2019

Date Of Alleged Offences: Variously, on or between January 1, 2014, and December 31, 2017

Description of Charges Laid: Allegedly did: occupy public land and was not the holder of a disposition or of an authorization under section 20 of the Public Lands Act authorizing the person to do so and was not otherwise authorized to do so under the Public Lands Act and regulations; did cause, permit or suffer the accumulation of waste material, debris, refuse or garbage on public land; did cause, permit or suffer loss or damage to public land; did cause, permit or suffer activities on, or the use of, public land that is likely to result in loss or damage to public land; did cause, permit or suffer the existence on public land of any structure or excavation of any kind that is undesirable or otherwise in contravention of the Public Lands Act or the regulations; did cause, permit or suffer the existence on public land of any condition that may cause loss or damage to the public land.

Outcome: All charges stayed by Crown


Charged Was: The Village of Cereal, Darcy Gene Olds and Kenneth William (Bill) Rude

Court Appearance: October 23, 2019 in Hanna Provincial Court

Date Charges Laid: May 15, 2019

Date Of Alleged Offences: On or about June 6, 2017

Description of Charges Laid: Allegedly did: release or permit the release of a substance into the environment that may cause, is causing or has caused an adverse effect; improper use, application or handling of a pesticide; commence or continue an activity that is designated by the regulations as requiring an approval or registration, without holding the required approval or registration; commence or continue an activity or a thing that is designated by the regulations as an activity or thing in respect of which a certificate of qualification is required, without holding the appropriate certificate of qualification; use, apply, supply, handle, transport, store or dispose of a pesticide in a manner or at a time or place that causes or is likely to cause an adverse effect; did apply pesticide without conformity to the requirements of the Pest Control Products Act (Canada) that specifies that the pesticide must only be applied by an authorized applicator, certified applicator, approved applicator or pest control operator or similar restriction.

Penalty: The Village of Cereal, Kenneth William Rude and Darcy Gene Olds each pleaded guilty to one count of improper use of a pesticide, contrary to section 5(1) of the Pesticide Sales, Handling, Use and Application Regulation. The Village was penalized $5,000, plus a $750 victim fine surcharge. Both individuals were penalized $2,500 each, plus a $375 victim fine surcharge.


Charged Was: Agrium Inc.

Court Appearance: September 10, 2019 in Strathmore Provincial Court

Date Charges Laid: December 12, 2018

Date Of Alleged Offences: On or about January 30, 2017

Description of Charges Laid: Allegedly did: release a substance into the environment that caused significant adverse effect; failed to report the release.

Penalty: Agrium Inc. pleaded guilty to failing to report a release, contrary to section 110(1) of the Environmental Protection and Enhancement Act. The company was penalized $28,750, including the victim fine surcharge.


Charged Was: The City of Edmonton

Court Appearance: July 15, 2019 in Edmonton Provincial Court

Date Charges Laid: August 8, 2018

Date Of Alleged Offences: Variously - on or between May 11 and September 9, 2016; on or about May 11, 2016.

Description of Charges Laid: Allegedly did: release a substance into the environment that caused significant adverse effect; failed to report the release; used, applied, supplied, handled, transported, displayed, stored or disposed of a pesticide in a manner or at a time or place that caused or was likely to cause and adverse effect; distributed, used, applied or handled a pesticide except in accordance with the label.

Penalty: The City of Edmonton was sentenced to a penalty of $165,000 after pleading guilty to one count of distributing, using, applying or handling a pesticide except in accordance with the label for that pesticide. A creative sentence order diverted $150,400 to three different projects.


Charged Was: Town of Whitecourt and Woodlands County

Court Appearance: July 10, 2019 in Whitecourt Provincial Court

Date Charges Laid: September 7, 2018

Date of Alleged Offence: Variously - on or between Sept 23-26, 2016; Sept 12 - Nov 28, 2016; Sept 29 - Nov 28, 2016

Description of Charges Laid: Allegedly did: knowingly, or otherwise, contravene a term or condition of an approval; change the activity, manner in which the activity is carried on, or any machinery, equipment or process that is related to the carrying on of the activity, without an amendment to an approval authorizing the change.

Penalty: The Town of Whitecourt was sentenced to a penalty of $69,630 and Woodlands County was sentenced to a penalty of $30,370 after each party pleaded guilty to one count of contravening a term or condition of an approval. A creative sentencing order diverted $95,000 to two projects – one involving leachate treatment and the other leachate management training.


Charged Was: Hnatko, Bobby Fred and Western Air Spray Inc.

Court Appearance: Dec 12, 2018 in Slave Lake Provincial Court

Date Charges Laid: Jun 22, 2018

Date of Alleged Offence: Variously - on or between June 23, 2016, and September 1, 2016; on or about July 18, 2016; on or between June 23, 2016, and July 7, 2016; on or between August 15, 2016, and September 1, 2016.

Description of Charges Laid: Allegedly did: use or apply a pesticide listed in Schedule 2 without either being the holder of an Aerial class pesticide applicator certificate or working under the supervision of an applicator holding an Aerial class pesticide applicator certificate; provided false or misleading information to the Director; did offer or provide a service involving the use or application of a pesticide listed in Schedule 2 for hire or reward without being the holder of a valid pesticide service registration. (Environmental Protection and Enhancement Act, 198(1)(i); Pesticide (Ministerial) Regulation, 3(1); 7(1)(a); )

Penalty: Bobby Fred Hnatko was sentenced to a fine of $1,000, inclusive of victim fine surcharge, after pleading guilty to providing false or misleading information to the Director. He is also under an order that prohibits him from applying any pesticide from an aircraft for a one-year period. A limited exception to this order includes land owned by him or his family or their companies Western Air Spray Inc. or T.K.O. Farms Ltd. He is also prohibited from owning, holding shares in or acting as director, officer, employee or agent of any corporation or other entity that applies pesticides from aircraft for one year.


Charged Was: Moore's Industrial Service Ltd.

Court Appearance: Jan 28, 2019 in Calgary Provincial Court

Date Charges Laid: Jun 1, 2018

Date of Alleged Offence: On or between June 11 and 13, 2016

Description of Charges Laid: Allegedly did: improperly dispose of waste; release or permit the release of a substance into the environment that may cause, is causing or has caused an adverse effect and fails to report that release to the Director as soon as they knew or ought to have known of the release; fail to take all reasonable measures to repair, remedy and confine the effects of the substance; fail to take all reasonable measures to remediate, manage, remove or otherwise dispose of the substance (Waste Control Regulation, 23; Environmental Protection and Enhancement Act, 110(1), 112(1)(a)(i), 112(1)(a)(ii), 176, 192; )

Penalty: Moore's Industrial Service Ltd was sentenced to a penalty of $30,000 after pleading guilty to improper disposal of waste. A creative sentencing order diverted $25,000 of the penalty to a wetland inventory of the Nose Creek Watershed. As well, a description of the prosecution's impact on the company and a mitigation measure that sprang from the offence will be published.


Charged Was: Rogers, Ginger Ada and Acer Environmental Solutions Inc.

Court Appearance: Sep 12, 2018 in Calgary Provincial Court

Date Charges Laid: Mar 28, 2018

Date of Alleged Offence: On or about the 31st day of March, 2016

Description of Charges Laid: Allegedly did: knowingly, or otherwise, provide false or misleading information pursuant to a requirement to provide information (Environmental Protection and Enhancement Act, 227 (a),(b); )

Penalty: Ginger Ada Rogers was sentenced to a penalty of $28,750, inclusive of victim fine surcharge, after pleading guilty to knowingly providing false or misleading information. She is also under an order that prohibits her from submitting any documents to Alberta Environment and Parks under any entity's Permit to Practice where she is the Responsible Professional Member for the permit for a period of three years. Charges against Acer Environmental Solutions Inc. were withdrawn, as was a second charge against Ms. Rogers.


Charged Was: Dobrosky, Darcy B.

Court Appearance: Oct 24, 2018 in Hanna Provincial Court

Date Charges Laid: Mar 6, 2018

Date of Alleged Offence: On or between April 1, 2009 and March 8, 2016

Description of Charges Laid: Allegedly did: knowingly, or otherwise, fail to monitor potable water in a waterworks system at random locations within the waterworks distribution system contrary to s.5.1.4 of the Code of Practice for a Waterworks System Consisting Solely of a Water Distribution System; did knowingly, or otherwise, provide false or misleading information (Environmental Protection and Enhancement Act, 227(a),(b)(d),(e) ; )

Penalty: Darcy B. Dobrosky was sentenced to a penalty of $1,000 after pleading guilty to one count of failing to monitor potable water in a waterworks system at random locations within the water distribution system, contrary to s. 5.1.4 of the Code of Practice for a Waterworks System Consisting Solely of a Water Distribution System. In addition, a creative sentencing order prohibits him from operating or having control of any facility or system for the collection, treatment, or distribution of water or wastewater in the Province of Alberta. He also cannot be employed or hold a controlling interest in any corporation or other organization owning or operating a water or wastewater collection, treatment, or distribution system located in Alberta. Both conditions are for a three year term. Additionally, for a two-year period, he is required to follow the conditions under a probation order.


Charged Was: Tryon's Auto Body Ltd., Jonah Tryon and Cathy Tryon

Court Appearance: Jul 12, 2018 in Drayton Valley Provincial Court

Date Charges Laid: Mar 2, 2018

Date of Alleged Offence: On or between July 7, 2016 and August 30, 2016; and August 11, 2016

Description of Charges Laid: Allegedly did: interfere with an inspector or investigator who was exercising powers or carrying out duties, or attempting to do so, under the Environmental Protection and Enhancement Act (Environmental Protection and Enhancement Act, 251(a); )

Penalty: Tryon's Auto Body Ltd. was sentenced to a $30,000 penalty after being found guilty of interfering with an inspector or investigator who was exercising powers or carrying out duties. Jonah Tryon was found guilty of the same charge and was fined $10,000. He was also placed on probation for one year. The terms of his probation include that he must follow any enforcement orders or environmental protection orders issued against him personally or against any corporation that he controls. Cathy Tryon had one charge against her dismissed and the other withdrawn.


Charged Was: Jade Oilfield Maintenance Company Ltd. and Patrick Modeste Paul and Patricia Mary Anderson

Court Appearance: Feb 27, 2018 in Edson Provincial Court

Date Charges Laid: Jul 17, 2017

Date of Alleged Offence: Variously - on or between January 1, 2005 and April 28, 2017; on or between July 20, 2016 and July 13, 2017

Description of Charges Laid: Allegedly did: occupy public land without a disposition or an authorization; did cause, permit or suffer the accumulation of waste material, debris, refuse or garbage on public land; did cause, permit or suffer the loss or damage to public land; did cause, permit or suffer activities on, or the use of, public land that is likely to result in loss or damage to public land; did cause, permit or suffer the existence on public land of any structure or excavation of any kind that is undesirable; did continue any activity, to wit: the construction, reclamation or operation of a pit, that is designated by the regulations as requiring an approval or registration without holding the required approval or registration. (Environmental Protection and Enhancement Act, 61; Public Lands Act, 56(1)(d), 54(1)(a), 54(1)(a.1), 54(1)(a.2), 54(1)(b); )

Penalty: Jade Oilfield Maintenance Company Ltd. was sentenced to a $22,500 penalty, inclusive of victim fine surcharge. The company pleaded guilty to one count of continuing an activity without the required registration. All other charges were withdrawn. All charges against Patrick Modeste Paul and Patricia Mary Anderson were also withdrawn.


Charged Was: Carmacks Industrial Ltd. and Carmacks Enterprises Ltd.

Court Appearance: Jul 24, 2017 in Stony Plain Provincial Court

Date Charges Laid: Dec 22, 2016

Date of Alleged Offence: On or between May 4-Dec 21, 2016

Description of Charges Laid: Allegedly did: fail to comply with an order of the director; occupy public land without authorization. (Public Lands Act, 47.1, 56(1)(d)(f); )

Penalty: Carmacks Industrial Ltd. was sentenced to a $20,000 penalty. The company pleaded guilty to failing to comply with an order of the director, contrary to section 47.1 of the Public Lands Act.


Charged Was: Orkin Canada Corporation

Court Appearance: Aug 31, 2017 in Calgary Provincial Court

Date Charges Laid: Dec 19, 2016

Date of Alleged Offence: On or between Jan 23 - 26, 2015

Description of Charges Laid: Allegedly did: use, apply, supply, handle, transport, display, store or dispose of a pesticide in a manner likely to cause an adverse effect; fail to report a release of a substance capable of causing an adverse effect; use, apply or handle a pesticide not in accordance with the label for that pesticide; commence or continue an activity that requires a certificate of qualification without that certificate; use or apply a pesticide without recording information pertaining to the application of that pesticide; handle, store, transport, use or dispose of a registered pest control product in a way that was inconsistent with the directions on the label; and possess, handle, store, transport, distribute, use or dispose of a pest control product in a way that endangers human health or safety or the environment. (Pesticide Sales, Handling, Use and Application Regulation, 5(1); Environmental Protection and Enhancement Act, 110(1)(a), 163(1),79; Pest Control Products Act (Canada), 6(5)(b), 6(8); Pesticide (Ministerial) Regulation, 11; )

Penalty: Orkin Canada Corporation was sentenced to a $70,000 penalty, plus surcharges. The company pleaded guilty to failing to report a release of a substance that may cause an adverse effect, contrary to section 110(1) of the Environmental Protection and Enhancement Act. A creative sentencing order diverted $50,000 of the penalty to a project which will develop national manuals for structural pesticide applications and fumigation.


Charged Was: West Fraser Mills Ltd.

Court Appearance: Nov 23, 2017 in Hinton Provincial Court

Date Charges Laid: Sep 19, 2016

Date of Alleged Offence: On or about Sept 20, 2014

Description of Charges Laid: Allegedly: releasing a substance into the environment that could cause significant adverse effect; contravening an approval term or condition; failing to report a release; and handling dangerous goods without complying with all safety requirements. (Environmental Protection and Enhancement Act, 109(2), 110(1), 227(e),; Dangerous Goods Transportation and Handling Act, 19(a); )

Penalty: West Fraser Mills Ltd. was sentenced to a $250,000 penalty. The company pleaded guilty to releasing into the environment a substance in an amount, concentration or level or at a rate of release that causes or may cause a significant adverse effect. A creative sentencing order diverted $240,000 of the penalty to a three-prong education project on air quality, to be run by the Telus World of Science - Edmonton.


Charged Was: Canadian National Railway Company

Court Appearance: Jun 2, 2017 in Edmonton Provincial Court

Date Charges Laid: Aug 17, 2016

Date of Alleged Offence: Variously - on or between April 9, 2015 and July 7, 2015; on or about April 9, 2015; on or between July 22 and July 23, 2015; on or about July 23, 2015.

Description of Charges Laid: Allegedly: releasing a substance into the environment that caused significant adverse effect; failing to report the release; failing to report, remedy and confine the substance; failing to remediate, manage, remove or otherwise dispose of the substance; failing to provide information; providing false or misleading information. (Environmental Protection and Enhancement Act, sections 109(2), 110(1)(a), 112(1)(a)(i) and (ii), 111(3); )

Penalty: CN was sentenced to a $125,000 penalty. The company pleaded guilty to releasing a substance into the environment that may cause a significant adverse effect and failing to take all reasonable measures to remediate, manage, remove or dispose of the substance , contrary to sections 109(2) and 112(1)(a)(ii) of the Environmental Protection and Enhancement Act, respectively. Of the penalty, $110,000 was diverted to a creative sentencing project involving the Edmonton and Area Land Trust. The trust will spend the funds on the stewardship of its properties in the Capital Region Conservation Area, with a focus on aquatic and riparian habitat.


Charged Was: Mantai, Samantha Lynn Sharon

Court Appearance: Feb 10, 2017 in Calgary Provincial Court

Date Charges Laid: Mar 5, 2015

Date of Alleged Offence: On or between February 1, 2013, and March 11, 2013

Description of Charges Laid: Knowingly, or otherwise, contravening a term or condition of an approval; knowingly, or otherwise, providing false or misleading information (Environmental Protection and Enhancement Act, 227(a), (b), (d), (e); )

Penalty: Samantha Mantai was fined $17, 250. She was convicted of knowingly contravening a term or condition of an approval and knowingly providing false or misleading information. She is also prohibited from having sole charge of a wastewater treatment facility or supervising anyone in the operation of such a facility for 15 months.


Charged Was: Dockman & Associates Ltd. and Michael Louis Dockman

Court Appearance: Dec 12, 2017 in Calgary Provincial Court

Date Charges Laid: Jan 23, 2015

Date of Alleged Offence: Variously - June 1, 2013 - January 20, 2014; and July 12, 2013 - January 20, 2014.

Description of Charges Laid: Allegedly contravening clauses of an enforcement order. (Environmental Protection and Enhancement Act, 227(g); )

Penalty: Court of Queen’s Bench decision of March 2019 - Both the conviction and sentence appeals were dismissed. Dockman was convicted of all six charges against him, which were all related to contravening an enforcement order, contrary to section 227(g) of the Environmental Protection and Enhancement Act. Charges against his company were dismissed. The fines for the six charges amount to $49,000, plus provincial fine surcharge for a total of $56,350. As well, Mr. Dockman is prohibited for three years from operating or having control of any water or wastewater collection, treatment or distribution facilities or systems, nor can he be employed or hold a controlling interest in any corporation or other organization owning or operating such a system.


Charged Was: Canadian Natural Resources Ltd.

Court Appearance: Jun 24, 2016 in Sherwood Park Provincial Court

Date Charges Laid: Mar 7, 2014

Date of Alleged Offence: Variously - August 2, 2012; August 2, 2012 – August 13, 2012; August 2, 2012 – April 24, 2013.

Description of Charges Laid: Allegedly releasing a substance into the environment that caused significant adverse effect; contravening terms or conditions of an approval; providing false and misleading information; and failing to report a release. (Environmental Protection and Enhancement Act, sections 109(2), 110(1)(a), 110(1)(e), 110(2), 227(b), 227(e), 227(j); )

Penalty: CNRL was sentenced to a $150,000 penalty. The company pleaded guilty to contravening a term or condition of an approval, contrary to section 227(e) of the Environmental Protection and Enhancement Act. Of the combined $500,000 penalty for this offence and the May 2010 offence, $425,000 was diverted to a creative sentencing project in which researchers from the University of Calgary will use the diverted funds to research the toxicological effects of chemicals measured in the air in and around Fort McKay.


Charged Was: Canadian Natural Resources Ltd.

Court Appearance: Jun 24, 2016 in Sherwood Park Provincial Court

Date Charges Laid: May 11, 2012

Date of Alleged Offence: May 2010

Description of Charges Laid: Allegedly releasing a substance into the environment that caused significant adverse effect and for failing to report the release (Environmental Protection and Enhancement Act, sections 109(2), 110(1)(a), and 110(2); )

Penalty: CNRL was sentenced to a $350,000 penalty. The company pleaded guilty on June 24, 2016, to one count of failing to immediately report a release, contrary to section 110(1)(a) of the Environmental Protection and Enhancement Act. Of the combined $500,000 penalty for this offence and the August 2012 offence, $425,000 was diverted to a creative sentencing project in which researchers from the University of Calgary will use the diverted funds to research the toxicological effects of chemicals measured in the air in and around Fort McKay.


Charged Was: Western Air Spray Inc., Hnatko, Bobby Fred , and Adam Giesbrecht

Court Appearance: Jun 8, 2016 in Slave Lake Provincial Court

Date Charges Laid: Dec 21, 2015

Date of Alleged Offence: Variously - between June 1, 2013, and December 31, 2013

Description of Charges Laid: Allegedly commencing or continuing an activity without the required registration; failing to report a release as soon as it was known. (Pesticide (Ministerial) Regulation, 7(1)(a); Environmental Protection and Enhancement Act, 110(1)(a); )

Penalty: Western Air Spray Inc. was sentenced to a penalty of $12,500. The company pleaded guilty on June 8, 2016, to one count of providing an aerial service involving the use or application of a pesticide listed in Schedule 2 for hire or reward without being the holder of a valid pesticide service registration as required by section 7(1)(a) of the Pesticide (Ministerial) Regulation. Related charges against the company, company director Bobby Hnatko, and employee Adam Giesbrecht were withdrawn.


Charged Was: Wallace, Clarke Damian

Court Appearance: Mar 1, 2016 in Calgary Provincial Court

Date Charges Laid: Mar 5, 2015

Date of Alleged Offence: On or between February 1, 2013, and March 11, 2013

Description of Charges Laid: Knowingly, or otherwise, contravening a term or condition of an approval; knowingly, or otherwise, providing false or misleading information (Environmental Protection and Enhancement Act, 227(a), (b), (d), (e); )

Penalty: Clarke Damian Wallace was sentenced to a fine of $10,000. He pleaded guilty to one count of contravening an approval, contrary to section 227(e) of the Environmental Protection and Enhancement Act.


Charged Was: Greenways Inc., Centennial Zinc Plating Ltd. and the companies' director, Peter Greenways

Court Appearance: Aug 12, 2015 in Edmonton Provincial Court

Date Charges Laid: Sep 30, 2013

Date of Alleged Offence: October 2011 and between August 2007 and May 2012.

Description of Charges Laid: Charges include, releasing a substance into the environment that may cause a significant adverse effect to the environment; failing to take reasonable measures to remediate, manage or remove the substance; failing to report the release of a substance into the environment that may cause an adverse effect; knowingly commencing or continuing an activity requiring an approval without an approval; and improperly disposing of hazardous waste. (Environmental Protection and Enhancement Act, sections 109(2), 110(1), 112(1)(a)(ii) 60, 61,176, 191,192 ; Waste Control Regulation, sections 11/18(1)(d), (f), 11/18 (2)(b), (c) and 23 ; )

Penalty: Peter J. Greenways was sentenced to a global penalty of $50,000. He pleaded guilty to two counts: accepting for transportation or storage hazardous waste without the hazardous waste being accompanied by a manifest, and consigning or transporting hazardous waste without the waste being accompanied by a manifest, both contrary to section 191 of the Environmental Protection and Enhancement Act. The judge also imposed a publication order and a two-year stop order. The latter prohibits him from: possessing or transporting any hazardous waste or hazardous recyclable in any public place; purchasing or acquiring any hazardous waste or hazardous recyclable; owning, holding shares in or acting as a director, officer, employee or agent of any corporation or other entity that purchases or acquires any hazardous waste or hazardous recyclable.


Charged Was: Ag Air North Ltd. and Randal Seaholm

Court Appearance: Aug 6, 2015 in Falher Provincial Court

Date Charges Laid: May 19, 2015

Date of Alleged Offence: August 24 and 25, 2012; and August 24, 2012, to October 1, 2013

Description of Charges Laid: Both parties faced the following five charges: commencing or continuing any activity that is designated by the regulations as requiring a registration, without holding the required registration; being an applicator who uses or applies a pesticide, fails to record information in a form acceptable to the director pertaining to a use or application of a pesticide (x3); being a person who releases or causes or permits the release of a substance into the environment that may cause, is causing, or has caused an adverse effect, did fail to report that release to the director as soon as that person knew or ought to have known of the release. The company faces an additional charge of knowingly commencing or continuing any activity that is designated by the regulations as requiring a registration, without holding the required registration. (Environmental Protection and Enhancement Act, 110(1)(a); Pesticide (Ministerial) Regulation , 7(1)(a), 11(1)(d),(e),(f); )

Penalty: Randal Seaholm was fined $1,000. He pleaded guilty to commencing or continuing any activity that is designated by the regulations as requiring a registration, without holding the required registration, contrary to section 7(1)(a) of the Pesticide (Ministerial) Regulation, thereby committing an offence contrary to sections 61 and 227(j) of the Environmental Protection and Enhancement Act. A one-year stop order imposed by the court prohibits Mr. Seaholm from applying a pesticide from an aircraft and from owning, holding shares in, or acting as director, officer, employee, or agent of a company that applies pesticides from an aircraft.