Canada: Fisheries Act Violation Has Fuel Retailer Fined $1.25 Million

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.

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