Barkerville Gold Mines Ltd. - conviction information for 2018-01-12

Corporation details
Corporation name: Barkerville Gold Mines Ltd.
Address: Suite 1440 - 155 University Avenue
City: Toronto
Province/territory: Ontario
Postal code: M5H 3B7
Country: Canada
Sector or industry: 212 - Mining and quarrying (except oil and gas)
Case details
Location of offense: near Wells, British Columbia
Case summary:

Barkerville Gold Mines Ltd. owns the Bonanza Ledge metal mine property located near Wells, in central British Columbia.   

In July 2016, an Enforcement Officer determined that a number of violations of the Metal Mining Effluent Regulations (MMER) had occurred during 2015 and 2016.    The mine had failed to comply with the MMER on 16 occasions including failing to complete sampling, failing to notify authorities of having deposited effluent into fish-bearing water without authorization, and failing to submit reports on time. The effluent was deposited into Lowhee Creek, part of the Willow River system—an important fish-bearing watershed.

The company had received 3 previous warning letters in regards to failing to comply with the MMER.

Charges:

The company was charged with 16 counts of failing to comply with the MMER:

·        6 counts for failure to submit monitoring reports  (contrary to S21(1) and S24(2))

·        5 count for failure to notify of an exceedance in TSS (contrary to S24(1)(a))

·        5 counts for failing to conduct toxicity test (contrary to S14(1), S17(1))

Enforcement notification: Mining company in British Columbia fined for Fisheries Act violations
Conviction
Result: Guilty Plea
Date of conviction: 2018-01-12
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)
Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act Metal Mining Effluent Regulations 21(1)(a), S14(1), S17(1), S24(1)(a)
Sentencing
Date of sentencing: 2017-06-29
Location of sentencing: Quesnel
Sentence(s):
  • Fine,
  • Penalty for the EDF
Amount of fine(s): $200,000
Sentencing details:

On January 12, 2018,  in Quesnel Provincial Court, Barkerville Gold Mines Ltd. pleaded guilty to Counts 1, 2, 3, 4, 6, 8, 10, 11, 13, 14, and 16, and was sentenced to a $1,000 fine on each count payable February 28, 2018 (for a total of $11,000). The company was also ordered under a s. 79.2(f) to pay a total of $189,000 to the EDF, due and payable February 28, 2018.

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