On February 18, 2020, Alberta fuel retailer Drever Agencies Inc. was fined $1.25M for violations of the federal Fisheries Act.1 This fine is the latest in a trend of million dollar fines for Fisheries Act contraventions.
THE FACTS
In August 2017, Environment and Climate Change Canada ("ECCC") enforcement officers were notified of a solvent spill at a commercial property in Wetaskiwin, Alberta. While responding to the spill, enforcement officers observed dead fish in a creek that flows into the Battle River. ECCC's investigation found that approximately 1,800 liters of Petrosol solvent had leaked from a storage tank owned by Drever Agencies Inc. and entered the creek. 2 Petrosol is used in a variety of industrial purposes including thinning paints, dissolving resins, and cleaning and degreasing metal. 3 Laboratory analyses determined that the solvent was deleterious to fish. 4
THE FINE
Drever Agencies Inc. is just one of many companies that have received million dollar fines in recent years for violations of the Fisheries Act. For example:
- In July 2019, Kirby Offshore Marine Operating LLC was fined $2.7M for spilling over 100,000 litres of diesel fuel into the Pacific Ocean5
- In November 2018, Irving Pulp and Paper Limited was fined $3.5M for releasing improperly treated effluent into the Saint John River6
- In October 2017, Teck Coal Limited was fined $1.425M for releasing effluent from a water treatment facility into a creek7
- In June 2017, Prairie Mines & Royalty ULC was fined $3.5M for discharging contaminated water and sediment into the Athabasca River. 8
Be aware that Fisheries Act fines are significantly higher than fines typically awarded under provincial legislation such as the Environmental Protection Act9 or the Ontario Water Resources Act. 10 See our article titled: Small Fines; Big Consequences.
Footnotes
1 RSC, 1985, c F-14.
2 Environment and Climate Change Canada, "Fisheries Act offence results in $1.25 million fine for Alberta-based fuel retailer" (19 February 2020), https://www.canada.ca/en/environment-climate-change/news/2020/02/fisheries-act-offence-results-in-125-million-fine-for-alberta-based-fuel-retailer.html.
3 Matthew Black, "Alberta company fined $1.25M after 2017 Wetaskiwin solvent spill" (20 February 2020), CTV News, https://edmonton.ctvnews.ca/alberta-company-fined-1-25m-after-2017-wetaskiwin-solvent-spill-1.4820195.
4 Environment and Climate Change Canada, "Fisheries Act offence results in $1.25 million fine for Alberta-based fuel retailer" (19 February 2020), https://www.canada.ca/en/environment-climate-change/news/2020/02/fisheries-act-offence-results-in-125-million-fine-for-alberta-based-fuel-retailer.html.
5 R v Kirby Offshore Marine Operating, 2019 BCPC 185.
6 Environment and Climate Change Canada, "Irving Pulp & Paper Limited sentenced to pay $3.5 million penalty for three Fisheries Act offences and commits to construct new effluent treatment facility" (5 November 2018), https://www.canada.ca/en/environment-climate-change/news/2018/11/irving-pulp-paper-limited-sentenced-to-pay-35-million-penalty-for-three-fisheries-act-offences-and-commits-to-construct-new-effluent-treatment-faci.html.
7 Environment and Climate Change Canada, "Steelmaking coal exporter fined for Fisheries Act violations in British Columbia" (5 October 2017), https://www.canada.ca/en/environment-climate-change/services/environmental-enforcement/notifications/steelmaking-coal-exporter-fisheries-act.html.
8 Environment and Climate Change Canada, "Company sentenced to pay $3,500,000 for Obed Mountain mine spill" (12 June 2017), https://www.canada.ca/en/environment-climate-change/services/environmental-enforcement/notifications/company-sentenced-obed-mountain-spill.html.
9 RSO 1990, c E19 [EPA].
10 RSO 1990, c O40.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.