Fastenal Canada Ltd. - conviction information for 2017-08-17
| Corporation name: | Fastenal Canada Ltd. |
|---|---|
| Address: | 900 Wabanaki Drive |
| City: | Kitchener |
| Province/territory: | Ontario |
| Postal code: | N2C 0B7 |
| Country: | Canada |
| Sector or industry: | 453 - Miscellaneous store retailers |
| Location of offense: | 900 Wabanaki Drive, Kitchener, Ontario |
|---|---|
| Case summary: |
Fastenal Canada, Ltd. is the corporate name for Fastenal who is an industrial fastener distributor and supplier of construction products. Fastenal operates nearly 2700 stores that are located in 20 plus nations. Information was obtained from the Alberta Corporate Registry System (CORES) that Fastenal Canada, Ltd. (Fastenal) is registered, the CORES report lists four directors and that Fastenal Company is listed as the 100% shareholder. In October of 2013 an investigation of Fastenal was initiated and resulted in Fastenal receiving a Written Warning from Environment Canada for violations of s. 23(1)(2) of the Ozone Depleting Substances Regulations (the ODSR). The prohibited product identified through the course of the investigation was “Blackstone – Electronics Cleaner Nonflammable” which, corresponds to Fastenal part no. 0605038. On August 29, 2014 an Environment Canada (EC) enforcement officer (EO) attended the 200 Portage Close Fastenal location in Sherwood Park, AB and completed the transaction for the purchase three aerosol cans of Fastenal SKU 0603857 (trade name: SprayOn Electric Contact Cleaner). The cans were subsequently released to the Prairie and Northern Laboratory for Environmental Testing (PNLET) for analysis to assess compliance with the ODSR. On September 2, 2014 an Environment Canada (EC) enforcement officer (EO) attended the 68 Avenue Fastenal location in Edmonton, AB and completed the transaction for the purchase aerosol cleaning products. The purchase was 2 cans of Fastenal SKU 0682479 (trade name: CRC Precision Plus Cleaner) and 2 cans of Fastenal SKU 63249 (trade name: CRC Precision Cleaner Aerosol PF). The cans were subsequently release to PNLET for analysis to assess compliance with the ODSR. On October 3, 2014 a copy of the PNLET analytical results for aerosol containers purchased from the Fastenal locations were received and provided the following information: - SKU 0603857 (trade name: SprayOn Electric Contact Cleaner) had positive results for containing Hydrochlrofluorocarbons (HCFCs) - 0682479 (trade name: CRC Precision Plus Cleaner) had positive results for containing HCFCs - SKU 63249 (trade name: CRC Precision Cleaner Aerosol PF) had negative results for containing HCFCs On December 12, 2014 a copy sale invoices and broker documents for product SKUs 0603857 and 0682479 were received by EC. On January 12, 2015 EO Douglas Laing attended the Fastenal location in Simcoe, ON and purchased 2 units of Fastenal SKU 0605038 (Blackstone – Electronics Cleaner Nonflammable). The cans were subsequently released to PNLET for analysis to assess compliance with the ODSR. |
| Charges: |
Count 1
Fastenal Canada Ltd, between November 28, 2012 and May 9, 2014, at the City of Kitchener, Ontario, did import pressurized containers that contain two kilograms or less of any HCFC, to wit SKU 0682479, in violation of subsection 23(1) of the Ozone Depleting Substances Regulations 1998, thereby contravening paragraph 272(1)(h) of the Canadian Environmental Protection Act, 1999. Count 4 Fastenal Canada Ltd, between November 28, 2012 and January 12, 2015, at or near the Cities of Mississauga, Owen Sound, and Simcoe, Ontario, did sell pressurized containers that contain two kilograms or less of any HCFC, to wit SKUs 0682479 and 0605038, in violation of subsection 23(2) of the Ozone Depleting Substances Regulations 1998, thereby contravening paragraph 272(1)(h) of the Canadian Environmental Protection Act, 1999. |
| Enforcement notification: | Industrial-supply company pleads guilty to contravening the Ozone-Depleting Substances Regulations, 1998 |
| Result: | Guilty Plea |
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| Date of conviction: | 2017-08-17 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: |
| Act | Regulations | Section(s) |
|---|---|---|
| Canadian Environmental Protection Act, 1999 (CEPA) | Ozone-depleting Substances and Halocarbon Alternatives Regulations | s.23(1), s.23(2) |
| Date of sentencing: |
2017-08-15 |
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| Location of sentencing: | Kitchener, Ontario |
| Sentence(s): |
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| Amount of fine(s): | $265,000 |
| Sentencing details: |