9626735 Canada Inc. - conviction information for 2020-09-30

Corporation details
Corporation name: 9626735 Canada Inc.
Address: 2480 Eglinton Avenue East - Unit 7
City: Toronto
Province/territory: Ontario
Postal code: M1K 2R4
Country: Canada
Sector or industry: 812 - Personal and laundry services
Case details
Location of offense: 2480 Eglinton Avenue East - Unit 7, Toronto, Ontario
Case summary:

On November 24, 2017 ECCC Enforcement Officers (EOs) conducted a regulatory on-site inspection pursuant to the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (the Regulations) at 9626735 Canada Inc. (formerly 8105391 Canada Inc.) dba Mega City 1 Hour Cleaners located in Toronto, Ontario.

During the inspection, it was observed that wastewater and residue was last transported in 2016.  EO’s observed opened containers of wastewater and sampled both wastewater and residue to confirm the presence of tetrachloroethylene. At the time of the inspection, no documentation such as tetrachloroethylene purchases/shipments or annual reports were on-site as required.

On December 13 and 28th, 2017 EO’s received the Report of Analysis for samples taken from the facility.  All results indicated the presence of tetrachloroethylene. 

On January 3, 2018 EOs had not received any communication nor documentation as requested from the Director of  9626735 Canada Inc. since the inspection. The deadline to submit requested documents was December 15, 2017. Based on the compliance history of the facility and Director, the EOs decided to initiate an investigation into 8105391 Canada Inc., 9626735 Canada Inc., and its Director.

Charges:

Count 1:

9626735 Canada Inc. between March 1, 2016 and November 1, 2017, in the City of Toronto, in the Province of Ontario, being the owner or operator of a dry-cleaning machine, did unlawfully fail to have waste water transported to a waste management facility no less than once every 12 months, contrary to paragraph 8(1)(a) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations, thereby committing an offence contrary to paragraph 272.1(1)(f) of the Canadian Environmental Protection Act, 1999.

Count 4:

9626735 Canada Inc. on or about May 1, 2017, in the City of Toronto, in the Province of Ontario, being the owner or operator of a dry-cleaning machine, did unlawfully fail to submit to the Minister a 2016 report for each dry-cleaning facility, no later than April 30 of the following calendar year, in a form determined by the Minister and containing the information specified in Schedule 4, contrary to subsection 14(b) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations, thereby committing an offence contrary to paragraph 272.1(1)(f) of the Canadian Environmental Protection Act, 1999

Enforcement notification: Ontario dry-cleaning company fined $10.5K for violations under the Canadian Environment Protection Act, 1999
Conviction
Result: Guilty Plea
Date of conviction: 2020-09-30
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Failed to submit a report
Additional details about the nature of the offense: Failed to have wastewater tranported to a waste management facility no less once every 12 months.

Failed to submit to the Minister a 2016 report for the dry cleaning facility.
Legislative details
Act Regulations Section(s)
Canadian Environmental Protection Act, 1999 (CEPA) Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations Paragraph 8(1)(a), subsection 14(b)
Sentencing
Date of sentencing: 2020-09-30
Location of sentencing: Toronto, Ontario
Sentence(s):
  • Penalty for the EDF
Amount of fine(s): $10,500
Sentencing details:

The corporation 9626735 Canada Inc. pleaded guilty to:

Count 1: Between March 2016 and November 2017, the company unlawfully failed to have waste water transported to a waste management facility no less than once every 12 months, contrary to paragraph 8(1)(a) of the Regulations.

Count 4: On or about May 1, 2017, the company unlawfully failed to submit to the Minister a 2016 report for the dry-cleaning facility, contrary to subsection 14(b) of the Regulations.

A joint submission from the defense and PPSC was accepted by the court. The agreed statement of facts was entered as an exhibit with the court. 9626735 Canada Inc. pleaded guilty to two of the five charges laid under the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations:

9626735 Canada Inc. was sentenced to:

1) Count 1 - $10 000 payable to the EDF.

2) Count 4 - $500 payable to the EDF.
3) A 12-month corporate probation order was included in the guilty plea. 9626735 Canada Inc is to provide proof in writing via email of payment of the outstanding 3 Provincial Offences Act tickets issued from previous ECCC inspections.  The director of 9626735 Canada Inc. is identified as a senior officer of 9626735 Canada Inc. for the purpose of compliance with the order and communication with ECCC.

The following mandatory conditions of 732.1(2) of the Criminal Code also apply:  Keep the peace and be of good behavior; Appear before the court when required to do so; Notify the court of any change of name or address.


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