Notre Dame Seafoods Inc. - conviction information for 2018-11-07
| Corporation name: | Notre Dame Seafoods Inc. |
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| Address: | 88 Kenmount Road |
| City: | St. John's |
| Province/territory: | Newfoundland and Labrador |
| Postal code: | A1B 3R1 |
| Country: | Canada |
| Sector or industry: | 311 - Food manufacturing |
| Location of offense: | 88 Kenmount Road, St. John's, Newfoundland and Labrador |
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| Case summary: |
On May 10, 2017 and May 11, 2017, in response to a public complaint, EOs carried out an inspection under the Disposal at Sea provisions of the CEPA at the Notre Dame Seafoods Inc. (NDS) fish processing facility in Comfort Cove, NL. At the time of inspection, the facility was operating and had a current Disposal at Sea Permit issued by Environment Canada. During the inspection, EOs observed activities at the NDS facility that were contrary to the conditions of the current Disposal at Sea Permit. Specifically, EOs observed uncovered waste in barges that were not being actively loaded and were being scavenged by seagulls along with crab waste deposited in the area and along the adjacent shoreline that had not been retrieved. Charges were laid on February 14, 2018 under s.124 and s. 125 of CEPA against NDS and the Plant Manager, Greg Eveleigh. |
| Charges: |
Count 1
Notre Dame Seafoods Inc. on or about the 10th and 11th of May, 2017, at or near the community of Comfort Cove, in the Province of Newfoundland and Labrador, did load a substance, to wit: fish waste, onto a ship or structure for the purpose of disposal into the internal waters of Canada, contrary to s. 124 of the Canadian Environmental Protection Act, thereby committing an offence under Section 272 of said Act. Count 2 Greg Eveleigh, on or about the 10th and 11th of May, 2017, at or near the community of Comfort Cove, in the Province of Newfoundland and Labrador, did load a substance, to wit: fish waste, onto a ship or structure for the purpose of disposal into the internal waters of Canada, contrary to s. 124 of the Canadian Environmental Protection Act, thereby committing an offence under Section 272 of said Act. Count 3 Notre Dame Seafoods Inc. on or about the 10th day of May, 2017, at or near the community of Comfort Cove, in the Province of Newfoundland and Labrador, did dispose of a substance, to wit: fish waste, into the internal waters of Canada, contrary to s. 125 of the Canadian Environmental Protection Act, thereby committing an offence under Section 272 of said Act. Count 4 Greg Eveleigh, on or about the 10th day of May, 2017, at or near the community of Comfort Cove, in the Province of Newfoundland and Labrador, did dispose of a substance, to wit: fish waste, into the internal waters of Canada, contrary to s. 125 of the Canadian Environmental Protection Act, thereby committing an offence under Section 272 of said Act. |
| Enforcement notification: | Fish-processing company in Newfoundland and Labrador fined for offence under the Canadian Environmental Protection Act, 1999 |
| Result: | Guilty Plea |
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| Date of conviction: | 2018-11-07 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Failure to load waste for the purporse of disposal at sea in accordance the conditions of Canadian Permit. |
| Act | Regulations | Section(s) |
|---|---|---|
| Canadian Environmental Protection Act, 1999 (CEPA) | 124(1)(b) |
| Date of sentencing: |
2018-11-08 |
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| Location of sentencing: | Gander, NL |
| Sentence(s): |
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| Amount of fine(s): | $115,000 |
| Sentencing details: |
On November 7, 2018, PPSC Crown counsel and counsel for Notre Dame Seafoods Inc. (NDS) and Greg Eveleigh, NDS Plant Manager, appeared in Provincial Court - Gander, NL. NDS pleaded guilty to a charge under s. 124 of CEPA for loading of fish waste contrary to the conditions of a Disposal at Sea Permit issued by Environment and Climate Change Canada (ECCC) in May 2017.
An additional charge against NDS under s. 125 of CEPA, as well as the s. 124 and s. 125 charges against Eveleigh, were was subsequently dropped by the Crown as part of a negotiated settlement. NDS had previous pleaded guilty and been convicted for a similar offense (CEPA s.125) in February 2017 and was granted a conditional discharge for the offense following a contested sentencing hearing. As such, the Crown sought a penalty of $115,000 ($15,000 above the minimum) to which NDS agreed. PCJ Walsh accepted the joint submission on sentencing and the amount will be paid in 12 monthly instalments beginning November 30, 2018. All money collected will be directed to the EDF. |