PEI Farming Company Brookfield Gardens Inc - conviction information for 2018-09-07

Corporation details
Corporation name: PEI Farming Company Brookfield Gardens Inc
Address: 1067 Millboro Road
City: Brookfield
Province/territory: Prince Edward Island
Postal code: C0A 1Y0
Country: Canada
Sector or industry: 111 - Crop production
Case details
Location of offense: North River, North Milton, Queens County, Prince Edward Island
Case summary: On August 9, 2014, a fish kill in North River, North Milton, Prince Edward Island was reported to Environment Canada.  Investigation determined that 1155 dead fish, which included 825 brook trout, 78 rainbow trout, 26 Atlantic salmon and 226 sticklebacks were collected in a 3.8 km section of the North River starting immediately downstream of the carrot field located on parcel 281386. A significant rain event on August 6-7, 2014 had caused runoff containing pesticides from the carrot field on parcel 281386 to be deposited into the North River. This runoff was determined to be a deleterious substance.
Brookfield Gardens Inc did between the 22nd day of July, 2014 and the 10h day of August 2014 at or near Parcel 281386 in North Milton, located in Queens County, Province of Prince Edward Island, unlawfully deposited or permitted the deposit a deleterious substance, namely, agricultural runoff containing pesticides in water frequented by fish, to with North River or in any place under conditions where the deleterious substance may enter such water, contrary to s. 36(3) of 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: Prince Edward Island farming company sentenced for 2014 Fisheries Act violation linked to fish kill
Result: Guilty (Court Decision)
Date of conviction: 2018-09-07
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
Date of sentencing: 2018-07-12
Location of sentencing: Charlottetown
  • Penalty for the EDF
Amount of fine(s): $15,000
Sentencing details:
Judge Douglas ruled that the minimum fine prescribed by section 40 of the Act would cause undue hardship. A fine of $15,000 was therefore ordered to the EDF.
Date modified: