CaNickel Mining Limited - conviction information for 2016-10-31

Corporation details
Corporation name: CaNickel Mining Limited
Address: 1655-999 West Hastings Street
City: Vancouver
Province/territory: British Columbia
Postal code: V6C 2W2
Country: Canada
Sector or industry: 212 - Mining and quarrying (except oil and gas)
Case details
Location of offense: Bucko Lake Mine, Wabowden, Manitoba
Case summary:

CaNickel Mining Limited owns and operates the Bucko Lake Mine in the northern Manitoba Community of Wabowden. The Bucko Lake Mine is a nickel mine that is in care and maintenance meaning that no active mining or processing is occurring. On May 21, 2014, CaNickel Mining Limited reported that they had exceeded the maximum authorized monthly mean limit for Radium 226 (0.37 Bq/L) in April 2014 with a mean concentration of 0.47Bq/L. On June 7, 2014, CaNickel Mining Limited reported that they had exceeded the maximum authorized monthly mean limit for Radium 226 in May 2014 with a mean concentration of 0.57mg/L. On September 30, 2014, an Enforcement Officer reviewed the 2014 1st Quarter effluent monitoring report for the Bucko Lake Mine. The report review determined that the January 20, 2014 acute lethality sample had arrived at the lab frozen. The bioassay reference method requires that the sample must be kept from freezing for the sample to be valid. On October 8, 2014, Environment Canada Enforcement Officers conducted an on-site inspection of the Bucko Lake Mine and collected chemistry and acute lethality samples from the Settling Pond Discharge Final Discharge Point. The final report of toxicity testing for the acute lethality sample stated that there was 100% mortality in 100% concentration effluent resulting in an LC50 of 65.7%. It concluded that the effluent was acutely lethal. The report of analysis for the chemistry samples stated that the concentration of Nickel in the effluent was 3.43 mg/L.  This was above the 1.00 mg/L grab sample limit. An investigation was initiated regarding the alleged violations. Charges were laid on July 22, 2015.

Not available
Enforcement notification: $80,000 fine for Vancouver mining company for Fisheries Act violations
Result: Guilty Plea
Date of conviction: 2016-10-31
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Allowed the deposit of a deleterious substance
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 Metal Mining Effluent Regulations ss.40(2), 36(3)
Date of sentencing: 2016-10-31
Location of sentencing:
  • Penalty for the EDF
Amount of fine(s): $80,000
Sentencing details:

The 31st day of October, 2016, before the Provincial Court of Winnipeg, Manitoba, the corporation CaNickel Mining Limited has pleaded guilty to two offences under ss. 40(2) of the Fisheries Act for violating subsection 36(3) of the Fisheries Act; and was sentenced to a fine of $80,000; 100% of which is to go to the Environmental Damages Fund.

The fine was to be paid by November 30, 2016. It was confirmed by counsel that the full amount was paid to the court on November 3, 2016.

As the court record was not obtained and there was not an agreed statement of facts, any additional factors, sentencing details, and reasons for judgement were not available.

Date modified: