Department of National Defence - conviction information for 2020-06-22
| Corporation name: | Department of National Defence |
|---|---|
| Address: | 4 Wing Cold Lake |
| City: | Cold Lake |
| Province/territory: | Alberta |
| Postal code: | T9M 2C6 |
| Country: | Canada |
| Sector or industry: | 911 - Federal government public administration |
| Location of offense: | Cold Lake Air Weapons Range - Cold Lake Air Force Base , Cold Lake, Alberta |
|---|---|
| Case summary: |
An ECCC investigation relating to a storage tank system located on the Cold Lake Air Weapons Range, determined that the Department of National Defence (DND) had been operating the storage tank system without identifying it to the Minister of Environment by June 12, 2009. Section 28(1)(a) of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Regulations) requires the owner of a storage tank system to identify the system to the Minister by June 12, 2009. The identification of storage tank systems promotes compliance with the Regulations, and therefore reduces the risk of releases of petroleum products in the environment. |
| Charges: |
Count 10: On or between June 13, 2009 and July 18, 2019, on the Cold Lake Air Weapons Range, at or near the City of Cold Lake, in the Province of Alberta, being the owner or operator of a storage tank system [CLAWR STS, B416] installed before the coming into force of the Regulations, failed to identify the system by submitting to the Minister in writing the information set out in Schedule 2, in contravention of section 28(1)(a) of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, SOR/2008-197, as amended, and thereby did commit an offence under section 272(1)(b) and section 272.1(1)(f) of the Canadian Environmental Protection Act, 1999, 2005 c.23 s.37 and 2009 c.14 s.72 respectively.
|
| Enforcement notification: | Department of National Defence fined $175,000 under Canadian Environmental Protection Act, 1999 |
| Result: | Guilty Plea |
|---|---|
| Date of conviction: | 2020-06-22 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
|
| Additional details about the nature of the offense: | Failure to register the system as required by the regulations |
| Act | Regulations | Section(s) |
|---|---|---|
| Canadian Environmental Protection Act, 1999 (CEPA) | Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations | s. 28(1)(a) |
| Date of sentencing: |
2020-06-22 |
|---|---|
| Location of sentencing: | St-Paul |
| Sentence(s): |
|
| Amount of fine(s): | $175,000 |
| Sentencing details: |
On the 22nd day of June, 2020 before the Provincial Court of St. Paul, Alberta The Department of National Defence pleaded guilty to a charge under s.28(1)(a) of the Storage Tanks Systems for Petroleum Products and Allied Petroleum Products Regulations under the Canadian Environmental Protection Act, 1999 and was sentenced to: Pay a total fine of one hundred and seventy five thousand dollars ($175,000) to the Environmental Damages Fund” for purposes related to protecting, conserving or restoring the environment or for administering the Fund,, which must be made by August 31, 2020; Complete a third party environmental audit at the Canadian Forces Base Cold Lake and the Cold Lake Air Weapons Range [CLAWR] by January 2, 2021. The audit shall include a review of DND’s environmental management systems to ensure compliance with environmental legislation on the Base and CLAWR; and, Provide Environment and Climate Change Canada, within three months of the completion of the audit, a copy of the results of the audit and a plan, with timelines, to implement recommendations from the audit. |