101077233 Saskatchewan Ltd carrying on business as Clearwater Store - conviction information for 2017-01-23

Corporation details
Corporation name: 101077233 Saskatchewan Ltd carrying on business as Clearwater Store
Address: Box 5020
City: Clearwater River
Province/territory: Saskatchewan
Postal code: S0M 3H0
Country: Canada
Sector or industry: 447 - Gasoline stations
Case details
Location of offense: 221 Central Avenue, Clearwater River, Saskatchewan
Case summary:

On July 22, 2014 Enforcement Officers conducted an onsite inspection under Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations at the Clearwater Store on the Clearwater River Dene Nation, near La Loche, Saskatchewan. Enforcement Officers met with Juanita Kokan, the manager of the store who was able to explain the following; The store infrastructure is owned by the Clearwater River Dene Nation; Janel Kokan leases the store from Clearwater River Dene Nation; Juanita Kokan is the manager of the store; The lease was recently renewed; and The band manager is Walter Hainault.

Enforcement Officers observed the following violations; Partially buried above ground piping; No fill pipe for diesel; Transition sump full of fluid; Product transfer area not designed to contain spills; No leak detection for above ground single walled piping; No leak detection for transition or dispenser sumps; No inspection records; Diesel storage tank system not registered; and No emergency plan. On September 17, 2014 the Notice of Intent and a draft compliance order was sent. On October 9, 2014 Enforcement Officers issued the Environmental Protection Compliance Order to the Clearwater River Dene Nation in care of Walter Hainault, to Walter Hainault, Juanita Kokan, Janel Kokan, and 101077233 Saskatchewan Ltd. This EPCO had several measures and dates but all had to be completed by March 6, 2015. As of May 5, 2015 the following items were still noncompliant; Submission of a final report including the following; Dated photographs of the product transfer area designed to contain spills in used during the transfer of fuel to the storage tank systems; Dated photographs or documentation of the work completed to remove the fluid and debris from the transition sump; Dated photographs of the piping in the transition sump; and Inspection reports for the above ground single walled piping, transition and dispenser sumps starting no later than October 31, 2014 to the date this report was submitted; A complete emergency plan; and The transition sump was still full of fluid. An investigation was opened. On January 6, 2016 Enforcement Officers verified that no fill pipe was installed into the diesel storage tank system. On January 21, 2016 charges were laid against Clearwater River Dene Nation, 10107723 Saskatchewan Ltd, and Walter Hainault. On January 23, 2017 Clearwater River Dene Nation, 10107723 Saskatchewan Ltd, and Walter Hainault pleaded guilty to the charge of fail to comply with the Environmental Protection Compliance Order.

On or about the dates between 7th November 2014 and 8th day of March 2015 at Clearwater River Dene Nation near La Loche in the Province of Saskatchewan did unlawfully fail to comply with an Environmental Protection Compliance Order, contrary to subsection 238(1) of the Canadian Environmental Protection Act, 1999 thereby committing an offence contrary to paragraph 272(1)(a) of the Canadian Environmental Protection Act, 1999.
Enforcement notification: Clearwater River Dene Nation, store and administrator fined for environmental violation
Result: Guilty Plea
Date of conviction: 2017-01-23
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Failure to comply with a directive
Additional details about the nature of the offense: Not available
Legislative details
Act Regulations Section(s)
Canadian Environmental Protection Act, 1999 (CEPA) CEPA - Section(s) 238(1), 272(1)(a)
Date of sentencing: 2017-01-23
Location of sentencing: La Loche
  • Penalty for the EDF
Amount of fine(s): $25,000
Sentencing details:
On January 23, 2017 10107723 Saskatchewan Ltd was sentenced to a $25,000 mandatory minimum fine as it meets the definition of a “small revenue corporation” with fine payable on or by April 1, 2017.
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