Acklands – Grainger Inc. - conviction information for 2012-12-12
| Corporation name: | Acklands – Grainger Inc. |
|---|---|
| Address: | 90 West Beaver Creek Road |
| City: | Richmond Hill |
| Province/territory: | Ontario |
| Country: | Canada |
| Sector or industry: | 418 - Miscellaneous merchant wholesalers |
| Location of offense: | Edmonton, Alberta |
|---|---|
| Case summary: |
On August 6, 2013, Environment Canada initiated an inspection after learning that Acklands – Grainger Inc. (AG) was offering a product called HV Switchgear Lubricant (hereafter referred to as 72060 which is its AG product number). 72060 was advertised on AG’s website and in their catalogue. 72060 comes in a 283 gram pressurized container, which AG sold for $47.95 each. The 72060 material safety data sheet, which AG had posted on their website, stated that the product contained HCFC-225ca and HCFC-225cb.
Information gathered during the inspection determined that AG had been selling 72060 from February 2012 to August 7, 2013. During that time they sold 110 cans across the country. Sales in individual provinces included: 1 sale of 6 cans in Alberta; 7 sales totaling 18 cans in British Columbia; 4 sales totaling 16 cans in Saskatchewan; 1 sale of 1 can in Manitoba; 5 sales totaling 67 cans in Ontario; and 1 sale of 2 cans in Quebec.
Environment Canada obtained several cans of 72060 and had them analyzed for HCFCs. All three cans tested positive for HCFC-225ca and HCFC-225cb.
On August 7, 2014, Environment Canada learned that AG was offering another product suspected of containing HCFCs. The product is called Sprayon EL2204 (hereafter referred to as 2204) which sells in 284 gram pressurized containers. AG had 2204 listed on their website for $42.37 each. The material data safety sheet for 2204 stated that it contains dichloropentafluoropropane, which is the chemical name for HCFC-225ca.
Enforcement Officers purchased three cans of 2204 from AG and had them analyzed for HCFCs. All three cans tested positive for HCFC-225ca and HCFC-225cb.
Information gathered during the investigation determined that AG had 2204 advertised on their website from June 22, 2012, to October 29, 2014. AG only made one sale of 2204 and that was the one to Enforcement Officers during the investigation. |
| Charges: |
Nine charges were laid. These are the ones Acklands pleaded guilty to: Count 1 Acklands – Grainger Inc. on or about August 7, 2013, at or near the City of Edmonton, in the Province of Alberta and various places in Canada, did sell a pressurized container that contains 2 kg or less of any HCFC, to wit HV Switchgear Lubricant, in violation of subsection 23(2) of the Ozone Depleting Substances Regulations 1998, SOR/99-7, thereby contravening subsection 272(1) of the Canadian Environmental Protection Act, 1999, S.C. 1999 c.33.
Count 4 Acklands – Grainger Inc. on or about October 29, 2014, at or near the City of Edmonton, in the Province of Alberta and various places in Canada, did sell a pressurized container that contains 2 kg or less of any HCFC, to wit Sprayon EL 2204, in violation of subsection 23(2) of the Ozone Depleting Substances Regulations 1998, SOR/99-7, thereby contravening subsection 272(1) of the Canadian Environmental Protection Act, 1999, S.C. 1999 c.33. |
| Enforcement notification: |
| Result: | Guilty Plea |
|---|---|
| Date of conviction: | 2012-12-12 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Sold a pressurized container that contained 2 kg or less of any HCFC contrary to section 23(2) of the Ozone-depleting Substances Regulations. |
| Act | Regulations | Section(s) |
|---|---|---|
| Canadian Environmental Protection Act, 1999 (CEPA) | Ozone-depleting Substances Regulations, 1998 | Section 23(2) |
| Date of sentencing: |
2016-01-12 |
|---|---|
| Location of sentencing: | Edmonton |
| Sentence(s): |
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| Amount of fine(s): | $500,000 |
| Sentencing details: |
On December 12, 2016, before the Provincial Court of Alberta, of Edmonton, Alberta, the corporation Acklands – Grainger Inc. pleaded guilty to two counts of selling a pressurized container that contains any HCFC and was sentenced to a total penalty of $500,000.
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