Hay River Mobile Park Ltd. - conviction information for 2019-11-27

Corporation details
Corporation name: Hay River Mobile Park Ltd.
Address: 25 Studney Drive
City: Hay River
Province/territory: Northwest Territories
Postal code: X0E 0R6
Country: Canada
Sector or industry: 237 - Heavy and civil engineering construction
Case details
Location of offense: 474 Miron Drive, Hay River, Northwest Territories
Case summary: On the 22nd day of October, 2016 a spill report was received by Environment and Climate Change Canada regarding a fuel sheen from an unknown source on the Hay River, in the community of Hay River, Northwest Territories. An investigation determined that a broken fuel filter had caused diesel to be released from the tank of a fuel truck on a property owned by Hay River Mobile Home Park Ltd. The fuel migrated down adjacent ditch releasing an unknown amount into the Hay River.
Count 1: Hay River Mobile Home Park Ltd. between October 21, 2016 and October 22, 2016 at or near the Town of Hay River, in the Northwest Territories did deposit or permit the deposit of a deleterious substance into water frequented by fish, or in any place under any conditions, where the deleterious substance, or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water contrary to section 36(3) of the Fisheries Act, R.S.C, 1985, c F14 and did thereby commit an offence in violation of section 40(2) of the said Act.
Enforcement notification: Fisheries Act violation results in $150K fine for Northwest Territories business
Result: Guilty Plea
Date of conviction: 2019-11-27
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: 2020-11-27
Location of sentencing: Hay River
  • Penalty for the EDF
Amount of fine(s): $150,000
Sentencing details:

On the 27th of November, 2019, before the Territorial Court of the Town of Hay River, Northwest Territories, Hay River Mobile Park Ltd (“HRMPL”) pleaded guilty to one count of the contravention of section 36(3) of the Fisheries Act and was sentenced to:

Pay a fine of One Hundred and Fifty Thousand Dollars ($150,000), which is to be directed to Environmental Damages Fund for the purposes of projects located in, or for the benefit of, the Northwest Territories or for the administration of the Environmental Damages Fund. The first of fifteen payments is to be made by January 10, 2020, and the remainder of the full amount will be paid by September 30, 2021.

By way of letter, HRMPL shall notify the K’atl’Odeeche First Nation of the particulars of the spill and HRMPL’s acceptance of responsibility for the spill, the new procedures HRMPL has put in to place as a result of the spill, and the fine amount to which HRMPL has been sentenced.
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