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 onsite oil water separator show that it is not preventing the release of oil from the storm sewer outfall.  Inspection done on site.  Samples 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 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.

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