Labrador Iron Mines Limited - conviction information for 2016-12-12
| Corporation name: | Labrador Iron Mines Limited |
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| Address: | P.O. Box 13062 STN A |
| City: | St. John's, NL |
| Province/territory: | Newfoundland and Labrador |
| Postal code: | A1B 3V8 |
| Country: | Canada |
| Sector or industry: | 212 - Mining and quarrying (except oil and gas) |
| Location of offense: | At the Ruth Pit Outfall – James Mine Site , 3 KM of Schefferville, Newfoundland and Labrador |
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| Case summary: |
Labrador Iron Mines (LIM) the James Mine Site is located within the western central part of the Labrador Trough within the Province of Newfoundland and Labrador near (approx. 3km) Schefferville, Quebec, and the company is involved in the extraction and direct shipping of Iron Ore from deposits located in this Trough.
February 9th, 2015 ECCC reviewed regulatory data submitted by the company and identified that the required 2014-4th Quarter Metal Mining Effluent Regulations (MMER) sampling results for both Acute Lethality Testing (ALT) and Schedule 4 parameters had not been completed and only weekly sampling results for Total Suspended Solids (TSS) and pH had been completed and submitted to RISS. Additional follow-up was conducted, with company representatives, in an attempt to confirm whether the results provided in RISS were complete/accurate. Company Officials were made aware that a failure to conduct the required sampling for the ALT and Schedule 4 parameters was contrary to the MMER. An Investigation concluded that the company did not meet the reporting requirements of the Regulation. LIM had previously been issued a Warning Letter, on February 23, 2012, for late reporting and incomplete 2011 3rd and 4th Quarter results. |
| Charges: |
3 Counts s. 12 ( 1 Count), s. 14( 1 Count) and s. 17 ( 1 Count – withdrawn during trial)
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| Enforcement notification: |
| Result: | Guilty Plea |
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| Date of conviction: | 2016-12-12 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: |
s 12 - fail to conduct the required sampling and analysis for Schedule 4 parameters
s 14 - fail to conduct the required sampling and analysis for Acute Lethality testing |
| Act | Regulations | Section(s) |
|---|---|---|
| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act | Metal Mining Effluent Regulations | s.12, s.14 |
| Date of sentencing: |
2016-12-12 |
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| Location of sentencing: | Wabush, NL |
| Sentence(s): |
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| Amount of fine(s): | $21,000 |
| Sentencing details: |
The 12 of December 2016, before the Provincial Court of Wabush, Newfoundland and Labrador, the corporation Labrador Iron Mines Limited (LIM) has pleaded guilty to two counts; one count of failing to conduct the required sampling and analysis for Schedule 4 parameters; and one count of failing to conduct the required sampling and analysis for Acute Lethality Testing contrary to s. 78(a) of the Fisheries Act and was also ordered to pay a fine of $6000 ($3000 each Count (x2)). In addition LIM was also ordered to pay a penalty of $15,000 to the Environmental Damages Fund (EDF) on Count #1 pursuant to s.79.2(f) of the Fisheries Act.
Aggravating Factors Related to the possibility of risk not the probability – and since the risk was to be assessed on “probability” the court determined it to be low.
Mitigating Factors Included the Corporations; • Acceptance of responsibility • Attempted to provide/recreate the required results • Ultimate Guilty Plea • Inclusion on the Environmental Offenders Registry
The sentencing took into account the factors listed above as well as the case of R v. Terroco Industries Limited, 2005 ABCA 141 relating to the analysis section.
Fine/Penalty: Count 1 (s. 12) $3,000 Count 2 (s. 14) $3,000 EDF Amount: $ 15,000 (on Count #1 only) Total: $21,000 |