Sherritt International Corporation - conviction information for 2017-10-03

Corporation details
Corporation name: Sherritt International Corporation
Address: 1133 Yonge St. 5th floor
City: Toronto
Province/territory: Ontario
Postal code: M4T 2Y7
Country: Canada
Sector or industry: 212 - Mining and quarrying (except oil and gas)
Case details
Location of offense: Coal Valley Mine, Yellowhead County, Alberta
Case summary:

The Coal Valley Mine, which was owned by Sherritt International Corporation, from 2001 to 2014, is an open-pit coal mine located 90 km south of Edson, Alberta.

On 03 August 2012, Environment and Climate Change Canada (“ECCC”) Enforcement Officers (“EOs”) visited the mine in response to a spill report, and they determined that effluent being deposited from a waste-water pond was deleterious to fish. There was approximately 221,300 litres released. EOs subsequently issued a Direction under the Fisheries Act, which resulted in the deposit being stopped. Further investigation by ECCC determined that there were two previous releases of deleterious effluent from waste-water ponds, on 27 July 2011.

The releases went into tributaries of the Athabasca River, including the Erith River portions, which is identified by the Government of Alberta as “ecologically significant habitat” for Athabasca Rainbow Trout, a species at risk.

Charges:

3 Counts:

1. Violation of subsection 36(3) of the Fisheries Act, R.S.C., 1985, c. F-14, as amended and thereby did commit an offence under subsection 40(2) of the said Act.

2. Violation of subsection 36(3) of the Fisheries Act, R.S.C., 1985, c. F-14, as amended and thereby did commit an offence under subsection 40(2) of the said Act.

3. Violation of subsection 36(3) of the Fisheries Act, R.S.C., 1985, c. F-14, as amended and thereby did commit an offence under subsection 40(2) of the said Act.
Enforcement notification: Alberta coal mine site of Fisheries Act violations
Conviction
Result: Guilty Plea
Date of conviction: 2017-10-03
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Allowed the deposit of a deleterious substance
Additional details about the nature of the offense:
Legislative details
Act Regulations Section(s)
Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act 36(3)
Sentencing
Date of sentencing: 2017-10-03
Location of sentencing: St. Albert, AB
Sentence(s):
  • Fine,
  • Penalty for the EDF
Amount of fine(s): $1,050,000
Sentencing details:
The 03 October 2017 before the Provincial Court of Alberta Sherritt International Corporation pleaded guilty of three counts of contravening the Fisheries Act. Sherritt International Corporation was sentenced to pay $1,050,000, of which $995,000 was directed to the Environmental Damages Fund, the other $55,000 were payable as fines to the Fisheries Act.
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