Le Holding Sécurité CM Ltée - conviction information for 2018-07-31

Corporation details
Corporation name: Le Holding Sécurité CM Ltée
Address: 19400 Cruickshank Street
City: Montreal
Province/territory: Quebec
Postal code: H9X 3P1
Country: Canada
Sector or industry: 339 - Miscellaneous manufacturing
Case details
Location of offense: 19400 Cruickshank Street, Montreal, Quebec
Case summary:

C.M. SECURITY HOLDING LTD., having its head office in Baie D’Urfé in the judicial district of Montréal, is a business corporation (company) identified in the Registre des entreprises du Québec [Quebec enterprise register] as a holding company. The business is the first shareholder of a company located at the same address, GROUPE SÉCURITÉ C.M. INC., which identifies itself as a manufacturer of windows for prisons.

 

On March 12, 2014, a major electrical failure occurred, putting the company’s two transformers out of operation. The electrical transformers, contaminated with PCBs, were never declared to Environment and Climate Change Canada (ECCC). On January 16, 2015, an employee of C.M. SECURITY HOLDING LTD. contacted an environmental emergencies officer and ECCC enforcement officer to report the release of PCB-laden oil as a result of the vandalism of two transformers on the company’s premises. On January 19, 2015, ECCC enforcement officers carried out an inspection that confirmed the release of PCBs into the environment in a concentration exceeding 2 mg/kg. Given the failure of the owner of the transformers to take every measure to remedy the hazardous situation, an environmental protection compliance order was issued on February 16, 2015. The file was finally referred for investigation for failure to comply with an environmental protection compliance order, release of PCBs into the environment, failure to submit a written report after the release, illegal use of equipment containing PCBs, illegal storage of PCBs and failure to submit annual reports on time between 2008 and 2016.

 

Charges:
CEPA 238(1), PCBR 5(1)a), CEPA95(1)b), PCBR 6c), PCBR 19(1), CEPA 95(1)a), PCBR 39(1), PCBR 39(2)
Enforcement notification: C.M. Security Holding Ltd. ordered to pay $240,000 penalty for violations under the Canadian Environmental Protection Act, 1999
Conviction
Result: Guilty Plea
Date of conviction: 2018-07-31
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Failure to comply with a directive
Additional details about the nature of the offense:
Legislative details
Act Regulations Section(s)
Canadian Environmental Protection Act, 1999 (CEPA) CEPA - Section(s) 238(1)
Canadian Environmental Protection Act, 1999 (CEPA) PCB Regulations 5(1)a, 6c), 19(1), 39(2)
Sentencing
Date of sentencing: 2018-07-31
Location of sentencing: Montreal
Sentence(s):
  • Penalty for the EDF
Amount of fine(s): $240,000
Sentencing details:

On July 31, 2018, before a Court of Québec judge, C.M. Security Holding Ltd. pleaded guilty to four counts of violating the PCB Regulations and one count of failing to comply with an environmental protection compliance order, contrary to the Canadian Environmental Protection Act, 1999. It was fined $240,000, all of which was paid into the Environmental Damages Fund. The fine is broken down as follows:

- CEPA 238(1): $75,000

- PCBR 5(1)(a): $75,000

- PCBR 6(c): $40,000

- PCBR 19(1): $40,000

- PCBR 39(2): $10,000

 

The company must also publish, at its expense, a notice of violation in a known newspaper.

 

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