Garden Protein International Inc (Gardein) - conviction information for 2018-02-19

Corporation details
Corporation name: Garden Protein International Inc (Gardein)
Address: 200-12751 Vulcan Way
City: Richmond
Province/territory: British Columbia
Postal code: V6V 1Z5
Country: Canada
Sector or industry: 311 - Food manufacturing
Case details
Location of offense: 200 - 12751 Vulcan Way, Richmond, British Columbia
Case summary:
  • 2011-05-31 Fisheries Act direction given to tenant on-site to prevent release of vegetable oil to storm drain.         

Description of incident(s):

DGIR 153171 received reporting release of vegetable oil to ditch directly north of the subject property. Inspection of the on-site oil water separator show that it is not preventing the release of oil from the storm sewer outfall. The inspection was done on site. Some samples were taken.

  • Investigation into continued failures of oil water separator and release of deleterious substances to fish bearing waters.

  • Interviews with key staff members were conducted

Charges:

Charge approval by PPSC on 2 counts one under the Fisheries Act for deposit of a deleterious substance to waters that may enter fish bearing waters. One count under the Migratory Birds Convention Act for deposit of a substance harmful to migratory birds in waters or an area frequented by migratory birds.

Enforcement notification: British Columbia manufacturer of plant-based foods fined for Fisheries Act violation
Conviction
Result: Guilty Plea
Date of conviction: 2018-02-19
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
Sentencing
Date of sentencing: 2018-02-19
Location of sentencing: Provincial Court of British Columbia
Sentence(s):
  • Penalty for the EDF
Amount of fine(s): $285,000
Sentencing details:

On February 19, 2018, Garden Protein International Inc (Gardein) plead guilty at the provincial court of British Columbia to one count of depositing a deleterious substance in an area where it may enter fish-bearing water in violation of the Fisheries Act.

The company was ordered to pay a penalty of $285,000, which will be directed to the federal Government of Canada’s Environmental Damages Fund. Additionally, the company was ordered to install further infrastructure at its Richmond-based plant to prevent future spills.

 

On February 5, 2016, Environment and Climate Change Canada enforcement officers launched an investigation after receiving a report that vegetable oil had been released into a ditch on the defendant’s property, which leads into the Fraser River. The inspection revealed a release of oil: Samples were taken, and analyses confirmed a violation of the Fisheries Act.

As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry.

Date modified: