La Compagnie de la Baie d'Hudson / Hudson's Bay Company - conviction information for 2016-12-07

Corporation details
Corporation name: La Compagnie de la Baie d'Hudson / Hudson's Bay Company
Address: 585 rue Sainte-Catherine West
City: Montreal
Province/territory: Quebec
Postal code: H3B 3Y5
Country: Canada
Sector or industry:
Case details
Location of offense: 585 rue Sainte-Catherine West, Montreal, Quebec
Case summary:

Hudson’s Bay Company (“the company”) is a company in the retail business. It operates several banners of department stores. Founded in 1670, it is the oldest company in North America.

On May 25th, 2011, a consultant hired by the company called Environment Canada to notify that a transformer had failed on or about May 22nd, 2011. The onsite inspection carried out following the notification revealed that the transformer in question had lost about 146 kg of PCBs that would have been spilled in the Montreal City sewers system, and would have reached the waste water treatment plant that is not designed nor equipped to treat PCBs. The investigation has demonstrated that, besides the PCB release, the company had failed to report the release as soon as possible in the circumstances, had failed to take all reasonable measures to prevent it, and had also failed to submit to the Minister the required annual reports for the years 2008, 2009 and 2010 in the prescribed time.
Charges:
Not available
Enforcement notification: Hudson Bay Company fined $765,000 for release of PCBs into the environment
Conviction
Result: Guilty Plea
Date of conviction: 2016-12-07
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Failed to submit a report
Additional details about the nature of the offense:
Legislative details
Act Regulations Section(s)
Canadian Environmental Protection Act, 1999 (CEPA) PCB Regulations CEPA: 95(1)a), 95(1)b). PCB Regulations: 5(2), 39(1)
Sentencing
Date of sentencing: 2016-12-07
Location of sentencing: Montreal, Quebec
Sentence(s):
  • Penalty for the EDF
Amount of fine(s): $765,000
Sentencing details:

On December 7th, 2016, before the Quebec Provincial Court in Montreal, QC, Hudson’s Bay Company was ordered to pay $765,000 after pleading guilty to releasing about 146 kg of PCBs in the environment, failing to report the release as soon as possible in the circumstances, failing to take all reasonable measures to prevent it, and also failing to submit to the Minister the required annual reports for the years 2008, 2009 and 2010 in the prescribed time, the whole contrary to the Canadian Environmental Protection Act, 1999 and PCB Regulations. The fine will be directed to the Environmental Damages Fund (EDF). The company was also ordered to establish an Environmental Management System, provide training on the legal consequences of violating environmental legislation to its Canadian managers, and publish an article on the facts surrounding its offences.
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