MTZ Equipment - conviction information for 2014-01-08
| Corporation name: | MTZ Equipment |
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| Address: | 36 Renaissance Court |
| City: | Thornhill |
| Province/territory: | Ontario |
| Postal code: | L4J 7W4 |
| Country: | Canada |
| Sector or industry: | 417 - Machinery, equipment and supplies merchant wholesalers |
| Location of offense: | 2682 Highway 34, Hawkesbury, Ontario |
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| Case summary: | MTZ Equipment Ltd import, into Canada, tractors of various sizes from Belarus. These tractors were found not to comply with the Off-Road Engine Emission Regulations under CEPA, 1999. The tractors arrive at the Port of Montreal and are picked up by Ian Higginson and taken to his shop in Hawkesbury. From there they are assembled to various degrees i.e. loaders and mufflers installed, as they are shipped unattached. On September 25, 2012 Arie PRILIK submitted a “Canada-Unique” application to import tractors from Minsk, Belarus. Arie PRILIK was informed by VETEV that the submission did not satisfy the requirements of the regulations and that he cannot import the tractors. The application stated that the tractor engines were tested to European emission standards. North American emission standards do not recognize these standards as being equivalent and therefore are invalid. Importation records provided by the Canadian Border Services Agency (CBSA) indicate that MTZ has imported twenty one (21) tractors from the time importing began in February 2011 until March 2013. No exemption notification as outlined in subsection 153(2) of CEPA, 1999 was not provided to TD prior to importation and therefore cannot be granted. No import declarations were filed as per subsection 19(1) of the ORCIEER, no annual reports have been submitted as per subsection 13.1(1) of the ORCIEER and importation of tractors has occurred before any application to the Minister as per subsection 153(1) of CEPA, 1999. An inspection was conducted at the MTZ warehouse, Higginson Farm Equipment in Hawkesbury, Ontario. Enforcement Officer, Gordon MOORE (EO MOORE) observed and seized nine (9) MTZ tractors that did not have a Canada-Unique label affixed to the engines.13.1(1) of the ORCIEER and importation of tractors has occurred before any application to the Minister as per subsection 153(1) of CEPA, 1999. An inspection was conducted on April 10, 2013 at the MTZ warehouse, Higginson Farm Equipment in Hawkesbury, Ontario. Enforcement Officer, Gordon MOORE (EO MOORE) observed and seized nine (9) MTZ tractors that did not have a Canada-Unique label affixed to the engines. |
| Charges: |
Not available
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| Enforcement notification: |
| Result: | Guilty Plea |
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| Date of conviction: | 2014-01-08 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Not available |
| Act | Regulations | Section(s) |
|---|---|---|
| Canadian Environmental Protection Act, 1999 (CEPA) | Off-Road Compression-Ignition Engine Emission Regulations | 153(1)(b), 272(1)(a) |
| Date of sentencing: |
2014-01-08 |
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| Location of sentencing: | Ottawa |
| Sentence(s): |
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| Amount of fine(s): | $25,000 |
| Sentencing details: |
The 08, January, 2014, before the Court level of Ottawa, Ontario, the corporation 2223880 Ontario Inc. (operating as MTZ Equipment Ltd.) has pleaded guilty of offense fail to provide evidence of conformity in a manner that is satisfactory to the Minister, contrary to paragraph 17(1)(b) of the Off-Road Compression Ignition Engine Emission Regulations, thereby committing an offence under paragraph 153(1)(b) of the Canadian Environmental Protection Act, 1999, as amended, thereby committing an offence under paragraph 272(1)(a) of the Canadian Environmental Protection Act, 1999, as amended; and was sentenced to pay $25,000 within 9 months. All monies are to be paid to the Environmental Damages Fund.
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