Gibraltar Mines Ltd. - conviction information for 2017-06-29

Corporation details
Corporation name: Gibraltar Mines Ltd.
Address: 1055 West Georgia Street
City: Vancouver
Province/territory: British Columbia
Postal code: V6E 4N7
Country: Canada
Sector or industry: 212 - Mining and quarrying (except oil and gas)
Case details
Location of offense: near McCleese Lake British Columbia
Case summary: Gibraltar Mines Ltd owns the Gibraltar metal mine property located near McCleese Lake, in central British Columbia.  In February 2015, an Enforcement Officer determined that there had been a number of violations of the Metal Mining Effluent Regulations (MMER) during the 2014 second, third and fourth quarters.  The mine had failed to sample as required under the MMER for trout and daphnia bioassay and for radium. The mine also failed to report on time the exceedance of the total suspended solids limit and failed to report toxicity results as required. The company had received previous warning letters and communications in regards to missed sampling.
The company was charged with 7 counts of failing to comply with the MMER:
• 2 counts for failure to submit monitoring reports  (contrary to S21 and S21(1))
• 1  count for failure to monitor for radium (contrary to S12(1) and S13(2))
• 1 count for failure to notify an inspector of an exceedance (contrary to S 24(1)(a))
• 1 count for failure to submit written report (contrary to S24(2))
• 2 counts for failing to conduct toxicity test (contrary to S14(1),S16(1), S17(1)),
Enforcement notification:
Result: Guilty Plea
Date of conviction: 2017-06-29
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Failed to submit a report,
  • Failed to conduct a study
Additional details about the nature of the offense:
Legislative details
Act Regulations Section(s)
Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act Metal Mining Effluent Regulations s.21(1), s.14(1), s.16(1), s.24(1)(a), s.24(2)
Date of sentencing: 2017-06-29
Location of sentencing: Williams Lake, BC
  • Penalty for the EDF
Amount of fine(s): $70,000
Sentencing details:
On July 13, 2016, before the provincial court in Williams Lake, British Columbia, Gibraltar Mines Ltd. pleaded guilty of five offences under the Fisheries Act related to the Metal Mining Effluent Regulations (MMER) and was sentenced to pay $1000 per count in fine money and $65,000 in total for the 5 counts to the EDF.
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