Budgell's Sports and Marine Limited - conviction information for 2020-09-23

Corporation details
Corporation name: Budgell's Sports and Marine Limited
Address: 85 Main Street
City: Triton
Province/territory: Newfoundland and Labrador
Postal code: A0J 1V0
Country: Canada
Sector or industry: 415 - Motor vehicle and motor vehicle parts and accessories merchant wholesalers
Case details
Location of offense: 85 Main Street, Triton, Newfoundland and Labrador
Case summary:

Between February 8, 2018, and November 18, 2018, Budgell’s Sports & Marine Limited imported several pieces of heavy equipment but were unable to provide “evidence of conformity” documentation to verify that the engines within the equipment conform to the appropriate emission standards for importation into Canada. This is a contravention of subsection 153(1) of the Act, and is thereby an offence contrary to subsection 272(1).

In September 2018, Environment and Climate Change Canada’s enforcement officers conducted an inspection at Budgell’s Sports & Marine Limited in Triton, Newfoundland and Labrador. After reviewing reports, photographs and videos taken during the inspection, enforcement officers initiated an investigation and subsequently determined that the company had imported a number of pieces of heavy equipment, including wheel loaders, excavators and backhoes, for which the necessary documentation for the engines could not be provided. Analysis of the engines confirmed that the heavy equipment contained engines which are not compliant with the emissions standards under the Off-Road Compression-Ignition Engine Emission Regulations, enacted under the Canadian Environmental Protection Act, 1999.


Subsection 153(1) and 154 (Section 154 charge withdrawn by Crown as part of plea agreement)

Enforcement notification: Newfoundland and Labrador company fined $25,000 for an offence under Canadian Environmental Protection Act, 1999
Result: Guilty Plea
Date of conviction: 2020-09-23
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Failed to provide evidence of conformity
Additional details about the nature of the offense:


Legislative details
Act Regulations Section(s)
Canadian Environmental Protection Act, 1999 (CEPA) Subsection 153(1)
Date of sentencing: 2020-09-23
Location of sentencing: Grand Falls - Windsor
  • Penalty for the EDF
Amount of fine(s): $25,000
Sentencing details:

On September 21, 2020, Budgell’s Sports & Marine Limited was ordered to pay a fine of $25,000 in the Provincial Court of Newfoundland and Labrador, after pleading guilty to violating Section 153 of the Canadian Environmental Protection Act, 1999.

In addition to the monetary penalty, the Court ordered that five engines imported without the appropriate documentation be destroyed and that the cost of destruction be paid by the accused.

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