Concluded files
1686301 Alberta Ltd.
Charged was: 1686301 Alberta Ltd.
Court appearance: December 19, 2023, Alberta Court of Justice, Edson
Date charges laid: April 6, 2023
Date of alleged offences: On or between April 12, 2021 and June 14, 2021
Penalty: 1686301 Alberta Ltd. was sentenced to a penalty of $17,500 inclusive of victim fine surcharge after pleading guilty to one count of contravening a term or condition of an approval issued to them: to wit, Approval No. 206815, Condition 6 which states: “The approval holder shall prevent siltation and erosion of the McLeod River or oxbow or unnamed creek resulting from the activity”; and did thereby commit an offence contrary to section 142(1)(e) of the Water Act. All remaining charges were withdrawn.
Olga Kiiker
Charged was: Olga Kiiker
Court appearance: November 21, 2023, Alberta Court of Justice, Calgary
Date charges laid: May 3, 2023
Date of alleged offences: On or between June 15, 2021 and June 29, 2021; On or about June 15, 2021; June 21, 2021; June 23, 2021; June 26, 2021; June 28, 2021; June 29, 2021 and April 1, 2021.
Description of charges laid: Allegedly did: contravene environmental legislation related to providing false and misleading information, providing functions of a third-party assurance provider without the required qualifications, and failing to comply with the rules and requirements set out in the Standard for Validation, Verification and Audit.
Penalty: Olga Kiiker pleaded guilty to one count for knowingly providing false and misleading information pursuant to a requirement under the Emissions Management and Climate Resilience Act. All remaining charges against her were withdrawn.
Kiiker was sentenced to pay a $10,000 fine inclusive of the victim surcharge. As part of a creative sentencing order, she is also prohibited from employment that may involve collecting, analyzing, reporting, validating, verifying or auditing environmental data for three years and must prepare an article for publication in the Environmental Services Association of Alberta Weekly News publication in 2024.
- Olga Kiiker Agreed Statement of Facts
- Olga Kiiker Creative Sentencing Order
- Guilty plea for environmental charges
Aqua Properties Ltd.
Charged was: Aqua Properties Ltd.
Court appearance: October 24, 2023, in Court of Justice of Alberta, Lethbridge
Date charges laid: August 18, 2022
Date of alleged offences: On or between August 31, 2020, and June 1, 2022
Description of charges laid: Allegedly did: contravene multiple terms and conditions of its licence; failed to provide information, data, or records as required under the Water Act, and; is alleged to have provided false or misleading information to the department.
Outcome: All charges withdrawn by the Crown
Douglas Alf Larson and Bravo #1 Aerial Application Ltd.
Charged was: Douglas Alf Larson and Bravo #1 Aerial Application Ltd.
Court appearance: October 23, 2023, in Court of Justice of Alberta, Vegreville
Date charges laid: February 22 and 23, 2023
Date of alleged offences: August 30, 2021
Description of charges laid: Allegedly did: apply a pesticide in a way that did not follow the directions on the pesticide label, in a manner or at a time or place that causes or is likely to cause an adverse effect, without a valid registration, failed to report a release to the Director, and failed to record the required information.
Penalty: Bravo #1 Aerial Application Ltd. was sentenced to a penalty of $10,000 inclusive of the victim surcharge after pleading guilty to one count of commencing or continuing any activity that is designated by the regulations as requiring a registration without holding the required registration contrary to sections 61 and 227(j) of the Environmental Protection and Enhancement Act. All remaining charges against Bravo #1 and Douglas Alf Larson were withdrawn.
Orkin Canada Corporation
Charged was: Orkin Canada Corporation
Court appearance: January 23, 2023, in Court of Justice of Alberta, Calgary
Date charges laid: April 20, 2022
Date of alleged offences: On or between May 26 and May 27, 2021
Description of charges laid: Allegedly did: apply a pesticide in a way that did not follow the directions on the pesticide label. The company has also been charged with offences relating to failing to have a registration allowing them to use the type of pesticide applied.
Penalty: Orkin Canada Corporation plead guilty to one count of commencing or continuing an activity that is designated by the regulations as requiring a registration without holding the required registration when it provided a pesticide service involving the use or application of a pesticide listed in Schedule 1, 2, or 3 whether or not for hire or reward without employing an applicator certified for the specific class of activity listed in Schedule 5 contrary to section 7(1)(b) of the Pesticide (Ministerial) Regulation and did thereby commit an offence contrary to sections 61 and 227(j) of the Environmental Protection and Enhancement Act.
They were sentenced to a $27,500 penalty that is comprised of a $500 fine inclusive of the victim fine surcharge, and $27,000 which will go towards a creative sentencing project for the development of a national pesticide application certification manual and exam, and the development of structural and fumigation pesticide application certification examinations.
- Orkin Canada Corporation Agreed Statement of Facts
- Orkin Canada Corporation Creative Sentencing Order
- Guilty plea for environmental charges
Robert Rettie
Charged was: Robert Rettie
Court appearance: December 20, 2022 in Court of Justice of Alberta, Lethbridge
Date charges laid: August 18, 2022
Date of alleged offences: On or between August 31, 2020 and June 1, 2022
Description of charges laid: Alleged to have provided false or misleading information to the department.
Penalty: Robert Rettie plead guilty to an offence under Section 142(1)(e) of the Water Act for contravening a term or condition of a licence. Rettie was sentenced to a fine of $2,500, inclusive of victim surcharge, plus a 2 year probation order.
Superior Concrete Systems Ltd., Ziad El-Bittar, Hussein Amery
Charged was: Superior Concrete Systems Ltd., Ziad El-Bittar, Hussein Amery
Court appearance: May 14, 2021, in Calgary Court of Justice
Date charges laid: March 14, 2019
Date of alleged offences: Variously – between April 1, 2017 and April 13, 2017; between April 1, 2017 and May 4, 2017; between May 2, 2017 and September 26, 2017
Description of charges laid: Allegedly did: improper disposal of waste; transport, store, treat or dispose of hazardous waste without a manifest; release or permit the release of a substance into the environment that may cause, is causing or has caused an adverse effect; failed to report a release; consigned or transported hazardous waste without a manifest; knowingly, or otherwise, provided false or misleading information.
Penalty: Hussein Amery plead guilty to the offence of knowingly providing false and misleading statements to the AEP Investigator contrary to s. 227(a) of the act and was sentenced to a fine of $10,000 plus a Victim Fine Surcharge of $1,500. Superior Concrete Systems Ltd. plead guilty to the offence of failing to dispose of hazardous waste in accordance with an approval, code of practice or a registration or as otherwise provided for contrary to s. 192 of the act and was sentenced to a fine of $20,000 plus a Victim Fine Surcharge of $4,000. Zid El-Bitar plead guilty to the offence of failing to dispose of hazardous waste in accordance with an approval, code of practice or a registration or as otherwise provided for contrary to s. 192 of the act and was sentenced to a fine of $25,000 plus a Victim Fine Surcharge of $3,750.
- Company, directors plead guilty to environmental charges
- Agreed Statement of Facts El-Bittar
- Agreed Statement of Facts Superior Concrete Systems Ltd.
- Agreed Statement of Facts Hussein Amery
Bowen Contracting Ltd. and Murdock Bowen
Charged was: Bowen Contracting Ltd. and Murdock Bowen
Court appearance: May 5, 2021, in Hinton Court of Justice
Date charges laid: June 20, 2019
Date of alleged offences: On or between November 2, 2018 and April 30, 2019
Description of charges laid: Allegedly did: knowingly and otherwise contravene a Water Management Order.
Outcome: All charges withdrawn by the Crown
Suncor Energy Products Partnership Produits Suncor Energie, S.E.N.C.
Charged was: Suncor Energy Products Partnership Produits Suncor Energie, S.E.N.C.
Court appearance: April 16, 2021, in Sherwood Park Court of Justice
Date charges laid: June 29, 2020
Date of alleged offences: On or about July 18, 2018
Description of charges laid: Allegedly did: contravene a term or condition of an approval; 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; 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.
Penalty: Suncor Energy Products Partnership Produits Suncor Energie, S.E.N.C. was sentenced to a penalty of $100,000 after pleading guilty to one count for breaching a condition of an approval requiring that no unauthorized air effluent streams to the atmosphere be released contrary to section 227(e) of the Environmental Protection and Enhancement Act. The majority of the penalty funds were diverted to a creative sentencing project with the Strathcona Community Hospital Foundation. The funds will be used to purchase long lasting respiratory support medical equipment.
- Suncor pleads guilty to chemical release
- Suncor Agreed Statement of Facts
- Suncor Creative Sentencing Order
Regional Municipality of Wood Buffalo
Charged was: Regional Municipality of Wood Buffalo
Court appearance: September 11, 2020, in Fort McMurray Court of Justice
Date charges laid: May 6, 2019
Date of alleged offences: On or between May 8 and May 17, 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.
- Municipality pleads guilty to chemical release
- RMWB agreed statement of facts
- RMWB creative sentencing order
- Creative Sentencing Final Report AWWOA
- Creative Sentencing Final Report NLHF
The Town of Bow Island and Ryan Jeffery Sanderson
Charged was: The Town of Bow Island and Ryan Jeffery Sanderson
Court appearance: August 11, 2020, in Medicine Hat Court of Justice
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.
- Town and former employee plead guilty to charges
- Town of Bow Island Agreed Statement of Facts
- Ryan Sanderson Agreed Statement of Facts
Claude Mantha Parent, Brian Joseph Mareck, Jennifer McCallum-Maltauro
Charged was: Claude Mantha Parent, Brian Joseph Mareck, Jennifer McCallum-Maltauro
Court appearance: April 2, 2020, in Whitecourt Court of Justice
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
The Village of Cereal, Darcy Gene Olds and Kenneth William (Bill) Rude
Charged was: The Village of Cereal, Darcy Gene Olds and Kenneth William (Bill) Rude
Court appearance: October 23, 2019, in Hanna Court of Justice
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.
Agrium Inc.
Charged was: Agrium Inc.
Court appearance: September 10, 2019, in Strathmore Court of Justice
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.
The City of Edmonton
Charged was: The City of Edmonton
Court appearance: July 15, 2019, in Edmonton Court of Justice
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.
- City of Edmonton Penalized $165,000
- Agreed Statement of Facts
- Creative Sentencing Order
- Creative Sentencing Order Final Report AISC
- Creative Sentencing Order Final Report ENPS
Town of Whitecourt and Woodlands County
Charged was: Town of Whitecourt and Woodlands County
Court appearance: July 10, 2019, in Whitecourt Court of Justice
Date charges laid: September 7, 2018
Date of Alleged Offence: Variously – on or between September 23 to 26, 2016; September 12 to November 28, 2016; September 29 to November 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.
- Landfill operators plead guilty
- Agreed Statement of Facts
- Creative Sentencing Order
- Defense Submissions
- Creative Sentencing Order Final Report SWANA
Hnatko, Bobby Fred and Western Air Spray Inc.
Charged was: Hnatko, Bobby Fred and Western Air Spray Inc.
Court appearance: December 12, 2018, in Slave Lake Court of Justice
Date charges laid: June 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.
Moore's Industrial Service Ltd.
Charged was: Moore's Industrial Service Ltd.
Court appearance: January 28, 2019, in Calgary Court of Justice
Date charges laid: June 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.
- Calgary company guilty of improper waste disposal
- Creative Sentencing Order
- Agreed Statement of Facts
- Creative Sentencing Order Final Report
Rogers, Ginger Ada and Acer Environmental Solutions Inc.
Charged was: Rogers, Ginger Ada and Acer Environmental Solutions Inc.
Court appearance: September 12, 2018, in Calgary Court of Justice
Date charges laid: March 28, 2018
Date of alleged offence: On or about the March 31, 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.
Darcy B. Dobrosky
Charged was: Dobrosky, Darcy B.
Court appearance: October 24, 2018, in Hanna Court of Justice
Date charges laid: March 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.
Tryon's Auto Body Ltd., Jonah Tryon and Cathy Tryon
Charged was: Tryon's Auto Body Ltd., Jonah Tryon and Cathy Tryon
Court appearance: July 12, 2018, in Drayton Valley Court of Justice
Date charges laid: March 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.
Jade Oilfield Maintenance Company Ltd. and Patrick Modeste Paul and Patricia Mary Anderson
Charged was: Jade Oilfield Maintenance Company Ltd. and Patrick Modeste Paul and Patricia Mary Anderson
Court appearance: February 27, 2018, in Edson Court of Justice
Date charges laid: July 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.
Carmacks Industrial Ltd. and Carmacks Enterprises Ltd.
Charged was: Carmacks Industrial Ltd. and Carmacks Enterprises Ltd.
Court appearance: July 24, 2017 in Stony Plain Court of Justice
Date charges laid: December 22, 2016
Date of alleged offence: On or between May 4 to December 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.
Orkin Canada Corporation
Charged was: Orkin Canada Corporation
Court appearance: Aug 31, 2017 in Calgary Court of Justice
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.
- Environmental fines for Calgary pest-control firm
- Agreed Statement of Facts
- Creative Sentencing Order
- Creative Sentencing Order Final Report
West Fraser Mills Ltd.
Charged was: West Fraser Mills Ltd.
Court appearance: November 23, 2017 in Hinton Court of Justice
Date charges laid: September 19, 2016
Date of alleged offence: On or about September 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.
Canadian National Railway Company
Charged was: Canadian National Railway Company
Court appearance: June 2, 2017, in Edmonton Court of Justice
Date charges laid: August 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.
- CN fined $125,000 for environmental offences
- Agreed Statement of Facts
- Creative Sentencing Order
- Sentencing Order Final Report
- Sentencing Order Final Report
Mantai, Samantha Lynn Sharon
Charged was: Mantai, Samantha Lynn Sharon
Court appearance: February 10, 2017, in Calgary Court of Justice
Date charges laid: March 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.
Dockman & Associates Ltd. and Michael Louis Dockman
Charged was: Dockman & Associates Ltd. and Michael Louis Dockman
Court appearance: December 12, 2017, in Calgary Court of Justice
Date charges laid: January 23, 2015
Date of alleged offence: Variously: June 1, 2013 to January 20, 2014; and July 12, 2013 to January 20, 2014.
Description of charges laid: Allegedly contravening clauses of an enforcement order. (Environmental Protection and Enhancement Act, 227(g); )
Penalty: Court of King’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.