Irving Pulp & Paper Limited - conviction information for 2018-10-09

Corporation details
Corporation name: Irving Pulp & Paper Limited
Address: 300 Union Street
City: Saint John
Province/territory: New Brunswick
Postal code: E2L 4Z2
Country: Canada
Sector or industry: 322 - Paper manufacturing
Case details
Location of offense: 408 Mill Road, Saint John, New Brunswick
Case summary: Irving Pulp & Paper Limited is a company registered under the New Brunswick Corporations Act and was the owner/operator of a pulp and paper mill complex that includes a kraft pulp mill. Irving Pulp & Paper Limited is located in the vicinity of the reversing falls on the Saint John River in Saint John, New Brunswick and has 3 outfall structures which deposits mill effluent into the Saint John River. The charges relate to 10 incidents at the Irving Pulp & Paper Limited facility occurring between June 2014 and August 2016 when improperly treated and deleterious effluent was released from one of three outfall structures into the Saint John River.
Charges:

COUNT #1

Did on or between the 3rd day of June, 2014, and the 29th day of August, 2015, at or near the Irving Pulp & Paper Limited Mill, City of Saint John, Province of New Brunswick, unlawfully deposit or permit the deposit of a deleterious substance in water frequented by fish, or in any place under any conditions where the deleterious substance may enter any such water, to wit:  the Saint John River, contrary to s.36(3) of the Fisheries Act, R.S.C. 1985, c. F-14, thereby committing an offence contrary to s.40(2) of the Fisheries Act, R.S.C. 1985, c. F-14.

 

COUNT #2 

Did on or between the 3rd day of November, 2015, and the 9th day of February, 2016, at or near the Irving Pulp & Paper Limited Mill, City of Saint John, Province of New Brunswick, unlawfully deposit or permit the deposit of a deleterious substance in water frequented by fish, or in any place under any conditions where the deleterious substance may enter any such water, to wit:  the Saint John River, contrary to s.36(3) of the Fisheries Act, R.S.C. 1985, c. F-14, thereby committing an offence contrary to s.40(2) of the Fisheries Act, R.S.C. 1985, c. F-14.

 

COUNT #3

Did on or between the 29th day of March, 2016, and the 16th day of August, 2016, at or near the Irving Pulp & Paper Limited Mill, City of Saint John, Province of New Brunswick, unlawfully deposit or permit the deposit of a deleterious substance in water frequented by fish, or in any place under any conditions where the deleterious substance may enter any such water, to wit:  the Saint John River, contrary to s.36(3) of the Fisheries Act, R.S.C. 1985, c. F-14, thereby committing an offence contrary to s.40(2) of the Fisheries Act, R.S.C. 1985, c. F-14.
Enforcement notification: Irving Pulp & Paper Limited sentenced to pay $3.5 million penalty for three Fisheries Act offences and commits to construct new effluent treatment facility
Conviction
Result: Guilty Plea
Date of conviction: 2018-10-09
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 Pulp and Paper Effluent Regulations 36(3)
Sentencing
Date of sentencing: 2018-11-05
Location of sentencing: Saint John, NB - Provincial Court
Sentence(s):
  • Penalty for the EDF,
  • Other penalty (provincial, charity, etc)
Amount of fine(s): $3,500,000
Sentencing details:

On November 5, 2018, Irving Pulp & Paper Limited was ordered to pay the following;

  1. With respect to Count #1, Irving Pulp & Paper Limited is fined in the amount of $940,000 pursuant to s. 40(2) of the Fisheries Act, payable on or before December 5, 2018, with the said fine to be credited to the Government of Canada’s Environmental Damages Fund and used for purposes related to the conservation and protection of fish or fish habitat or the restoration of fish habitat pursuant to s. 40(6) of the Fisheries Act.
  1. With respect to Count #2, Irving Pulp & Paper Limited is fined in the amount of $940,000 pursuant to s. 40(2) of the Fisheries Act, payable on or before December 5, 2018, with the said fine to be credited to the Government of Canada’s Environmental Damages Fund and used for purposes related to the conservation and protection of fish or fish habitat or the restoration of fish habitat pursuant to s. 40(6) of the Fisheries Act.    
  1. With respect to Count #3, Irving Pulp & Paper Limited is fined in the amount of $460,000 pursuant to s. 40(2) of the Fisheries Act, payable on or before December 5, 2018, with the said fine to be credited to the Government of Canada’s Environmental Damages Fund and used for purposes related to the conservation and protection of fish or fish habitat or the restoration of fish habitat pursuant to s. 40(6) of the Fisheries Act.    
  1. Pursuant to s. 40(7) of the Fisheries Act, it is recommended that all of the fines imposed in relation to Counts #1, #2, and #3 and credited to the Government of Canada’s Environmental Damages Fund be paid to a person or an organization for purposes related to the conservation and protection of fish or fish habitat or the restoration of fish habitat on the Saint John River Watershed.
  1. Pursuant to s. 79.2 of the Fisheries Act, Irving Pulp & Paper Limited is ordered to pay an additional $1,160,000 penalty, payable to the Provincial Court of New Brunswick on or before December 5, 2018, to be distributed by the Court to the University of New Brunswick with the stated funds to be used by the University of New Brunswick’s Canadian Rivers Institute to conduct scientific research and projects related to the conservation, protection and restoration of Atlantic Salmon in the Province of New Brunswick. For greater certainty, the stated penalty shall be distributed to the University of New Brunswick with the University directing the funds to the Canadian Rivers Institute to be used in accordance with the Order.
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