K-G Spray-Pak Inc. - conviction information for 2019-11-12
| Corporation name: | K-G Spray-Pak Inc. |
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| Address: | 8001 Keele Street |
| City: | Concord |
| Province/territory: | Ontario |
| Postal code: | L4K 1Y8 |
| Country: | Canada |
| Sector or industry: | 325 - Chemical manufacturing |
| Location of offense: | 8001 Keele Street, Concord, Ontario |
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| Case summary: |
On June 30, 2016, Enforcement Officers (EO) completed an inspection at an aerosol manufacturing facility operated by K-G Spray-Pak Inc. located at 8001 Keele St., Vaughan, Ontario. During the inspection, EOs determined that K-G Spray-Pak Inc. was regulated under the Environmental Emergency Regulations (EER). The facility was storing toxic and hazardous substances that exceeded the specified thresholds listed in Schedule 1 of the EER. Contrary to the EER, K-G Spray-Pak Inc. had not implemented an environmental emergency plan. On July 29, 2016, an environmental protection compliance order (EPCO) was issued to K-G Spray-Pak Inc. to come into compliance with the EER by January 22, 2017. On February 9, 2017, a follow-up inspection was completed on K-G Spray-Pak Inc. to confirm they were in compliance with the EER and EPCO. During the inspection, the EOs determined that the environmental emergency plan had not been implemented or tested. According to paragraph 5(1) of EER a person who owns or has the charge, management or control of a substance set out in column 1 of the EER must implement and test the environmental emergency plan. Contrary to subsection 238(1) of Canadian Environmental Protection Act (CEPA), K-G Spray-Pak Inc., failed to comply with the order issued on July 29, 2016. |
| Charges: |
Count 1
K-G Spray-Pak Inc. on or about the 23rd day of January in the year 2017, in the city of Vaughan in the Central East Region did not comply with an order contrary to subsection 238(1) of the Canadian Environmental Protection Act thereby committing an offence contrary to paragraph 272(1)(a) of the Canadian Environmental Protection Act. Count 2 K-G Spray-Pak Inc. on or between the 30th day of June in the year 2016 and the 9th day of May in the year 2017, in the City of Vaughan in the Central East Region did fail to implement and test the environmental emergency plan referred to in section 4 or 7 of the Envionrmental Emergency Regulations within one year after the later of (a) the day on which these Regulations come into force, and (b) the day on which the person is first required to prepare an environmental emergency plan under subsection 4(1) contrary to paragraph 5(1) of the Environmental Emergency Regulations thereby committing an offence contrary to paragraph 272.1(1)(f) of the Canadian Environmental Protection Act. Count 3 K-G Spray-Pak Inc. on or between the 30th day of June in the year 2016 and the 11th day of May in the year 2017, in the City of Mississauga in the Central West Region did fail to implement and test the environmental emergency plan referred to in section 4 or 7 of the Enviornmental Emergency Regulations within one year after the later of (a) the day on which these Regulations come into force, and (b) the day on which the person is first required to prepare an environmental emergency plan under subsection 4(1) contrary to paragraph 5(1) of the Environmental Emergency Regulations thereby committing an offence contrary to paragraph 272.1(1)(f) of the Canadian Environmental Protection Act. Count 4 K-G Spray-Pak Inc. on or between the 30th day of June in the year 2016 and the 10th day of May in the year 2017, in the City of Mississauga in the Central West Region did fail to implement and test the environmental emergency plan referred to in section 4 or 7 of the Enviornemntal Emergency Regulations within one year after the later of (a) the day on which these Regulations come into force, and (b) the day on which the person is first required to prepare an environmental emergency plan under subsection 4(1) contrary to paragraph 5(1) of the Environmental Emergency Regulations thereby committing an offence contrary to paragraph 272.1(1)(f) of the Canadian Environmental Protection Act. |
| Enforcement notification: | Ontario aerosol manufacturer fined for violating the Canadian Environmental Protection Act, 1999 |
| Result: | Guilty Plea |
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| Date of conviction: | 2019-11-12 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Failure to comply with an order, failing to implement an emergency plan |
| Act | Regulations | Section(s) |
|---|---|---|
| Canadian Environmental Protection Act, 1999 (CEPA) | Environmental Emergency Regulations | 272.1(1)a) and 272.1(1)f) of CEPA |
| Date of sentencing: |
2019-11-12 |
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| Location of sentencing: | Newmarket, Ontario |
| Sentence(s): |
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| Amount of fine(s): | $170,000 |
| Sentencing details: |
The 12th, November, 2019, before the Ontario Court of Justice of Newmarket, Ontario, K-G Spray-Pak Inc. has pleaded guilty of offense under the CEPA. K-G Spray-Pak Inc. was ordered to pay a fine of $100,000 for violating paragraph 272(1)(a) and $70,000 for paragraph 272.1(1)(f).
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