Agnico Eagle Mines Limited - conviction information for 2017-05-01

Corporation details
Corporation name: Agnico Eagle Mines Limited
Address: 145 King Street east, Suite 400
City: Toronto
Province/territory: Ontario
Postal code: M5C 2Y7
Country: Canada
Sector or industry: 212 - Mining and quarrying (except oil and gas)
Case details
Location of offense: West of Baker Lake, Nunavut, Nunavut
Case summary:

In August 2013, an inspection at the Meadowbank Gold Mine by enforcement officers revealed seepage from the tailings impoundment area into an area immediately next to a fish-bearing waterbody. The area were the seepage was located was separated from the fish bearing lake by a road constructed of waste rock and gravel. The release contained elevated levels of cyanide and metals and the release, although reported to an official from Indian and Northern Affairs Canada, had not been reported to an Environment and Climate Change Canada inspector or to the territorial spill line.

 

An investigation was completed into the alleged violations and two charges were laid against Agnico Eagle Mines Limited in August 2015.

Charges:

Count 1

On or about the 20th day of August, 2013 at or near the Meadowbank Gold project of Agnico Eagle Mines Limited, near the Municipality of Baker Lake, Nunavut, did unlawfully deposit or permit the deposit of a deleterious substance, to wit: Effluent, in  place, to wit: ST-16, under any condition s where the said deleterious substance may enter water frequented by fish, to wit, NP-2Lake, in violation of section 36(3) of the Fisheries Act and did thereby commit an offence contrary to section 40(2) of the Fisheries Act.     

 

Count 2

On or about the 20th day of August, 2013 at or near the Meadowbank Gold project of Agnico Eagle Mines Limited, near the Municipality of Baker Lake, Nunavut, did fail to report a discharge out of the normal course of events , to wit: Notify and Inspector or the NT/NU Spill line, of the deposit of  deleterious substance into water frequented by fish, in violation of section 38(4) of the Fisheries Act and did thereby commit an offence contrary to section 40(3)(c ) of the Fisheries Act.     

Enforcement notification: Toronto mining company must pay penalty for Fisheries Act violation near Baker Lake, Nunavut
Conviction
Result: Guilty Plea
Date of conviction: 2017-05-01
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Failure to inform an officer of a spill
Additional details about the nature of the offense: Not available
Legislative details
Act Regulations Section(s)
Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act 38(5)
Sentencing
Date of sentencing: 2017-05-01
Location of sentencing: Iqaluit, NU
Sentence(s):
  • Penalty for the EDF
Amount of fine(s): $50,000
Sentencing details:

On 01 May 2017, before the Nunavut Court of Justice in Iqaluit, Nunavut,  Agnico Eagle Mines Limited pleaded guilty to count 2 for failure to notify as required by subsection 38(5) of the Fisheries Act  and was sentenced to a penalty of $50, 000, all of  which was directed to the Environmental Damages Fund.

 

Count 1 was conditionally stayed.

 

The fine was paid by Agnico Eagle Mines Limited on May 25, 2017 to the Nunavut Court of Justice which was transferred to the EDF in November 2017.

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