Crop Production Services (Canada), Inc. - conviction information for 2018-03-12

Corporation details
Corporation name: Crop Production Services (Canada), Inc.
Address: 13131 Lake Fraser Drive SE
City: Calgary
Province/territory: Alberta
Postal code: T2J 7E8
Country: Canada
Sector or industry: 412 - Petroleum and petroleum products merchant wholesalers
Case details
Location of offense: Multiple (see case summary), Meadow Lake and Loon Lake, Saskatchewan
Case summary:

On 15 July 2014, Environment and Climate Change Canada (“ECCC”) Environmental Enforcement Officers (“EOs”) conducted a Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (“STSR”) inspection at Loon Lake Fine Foods in Loon Lake, Saskatchewan, which is located on aboriginal land. There were no EC storage tank identification numbers, which is contrary to section 29(b)(i) of the STSR thereby contravening subsection 272.1(1) of the Canadian Environmental Protection Act, 1999 (“CEPA, 1999”). Their fuel provider was Crop Production Services (Canada), Inc. (“CPS”) out of Meadow Lake, Saskatchewan.

Between 16 July 2014 and 11 August 2016 follow up inspections were conducted, a warning letter was issued, and investigations were initiated regarding CPS delivering fuel to unregistered fuel storage tanks on aboriginal lands. The two inspections were combined during the week of 11 August 2016 regarding FDB Fuels Inc. (“FDB”) and Ministikwan Food & Gas (“Ministikwan”).

On 09 November 2016, an EO met with the CPS Assistant Manager to obtain a statement. The Assistant Manager admitted that he was aware of his requirements under the Storage Tank Systems for Petroleum Productions and Allied Petroleum Products Regulation (“STSR”) of Canadian Environmental Protection Act, 1999 (“CEPA, 1999”) since he received the WL he was issued in 2014. He told the EO that he had been delivering fuel to FDB since 2014 and Ministikwan since 2016; he also stated that neither tank was registered with ECCC and that they did not have EC storage tank identification numbers.

Charges:

On or between the 16th of July 2014 and 22nd of September 2016 inclusive, Crop Production Services (Canada) Inc., did unlawfully transfer petroleum products and/or allied petroleum products into a storage tank system without a valid Environment Canada identification number issued to FDB fuels Inc., located on the Flying Dust First Nation Reserve, being visibly displayed, contrary to paragraph 29(b)(i) of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, thereby contravening subsection 272.1(1) of the Canadian Environmental Protection Act, 1999.

On or between the 16th of July 2014 and the 18th of November 2016 inclusive, Crop Production Services (Canada) Inc., did unlawfully transfer petroleum products and/or allied petroleum products into a storage tank system without a valid Environment Canada identification number issued to Ministikwan Food & Gas, located on the Island Lake First Nation Reserve, being visibly displayed, contrary to paragraph 29(b)(i) of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, thereby contravening subsection 272.1(1) of the Canadian Environmental Protection Act, 1999.
Enforcement notification: Agricultural products-and-services provider fined $150K for environmental violations
Conviction
Result: Guilty Plea
Date of conviction: 2018-03-12
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Other
Additional details about the nature of the offense: Unlawfully transfer petroleum and/or allied petroleum products into a storage tank system without a valid EC identification number issued and visibly displayed.
Legislative details
Act Regulations Section(s)
Canadian Environmental Protection Act, 1999 (CEPA) Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations 29b)i), 272.1(1)f)
Sentencing
Date of sentencing: 2018-03-12
Location of sentencing: Meadow Lake, SK
Sentence(s):
  • Penalty for the EDF
Amount of fine(s): $150,000
Sentencing details:
On 12 March 2018, before the Provincial Court of Meadow Lake, Saskatchewan Crop Productions Services (Canada), Inc. pleaded guilty of two counts of unlawfully transferring petroleum and/or allied petroleum products into a storage tank system without a valid EC identification number issued or visibly displayed.

Crop Productions Services (Canada), Inc. was sentenced to pay two separate fines of $75,000.00 each, which are legislated to be paid to the Environmental Damages Fund.
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