Nobra Holsteins Inc - conviction information for 2022-03-23
| Corporation name: | Nobra Holsteins Inc |
|---|---|
| Address: | R R #2 |
| City: | Irishtown |
| Province/territory: | Prince Edward Island |
| Postal code: | C0B 1M0 |
| Country: | Canada |
| Sector or industry: | 311 - Food manufacturing |
| Location of offense: | R R #2, Irishtown, Prince Edward Island |
|---|---|
| Case summary: |
On June 3 and 4, 2020, an Environment and Climate Change Canada Environmental Enforcement Officer and Conservation Officers from the Province of Prince Edward Island responded to a report of a liquid manure spill in Irishtown, PEI. Officers collected water samples and dead Brook Trout from the affected watershed where the liquid manure was deposited. The water samples were analyzed and the elevated ammonia concentrations were determined to be acutely lethal and deleterious to fish as defined under the Fisheries Act. The dead fish had a significant manure smell and a necropsy revealed that the fish had been healthy until the incident. A joint investigation by Environment and Climate Change Canada Officers and Prince Edward Island Conservation Officers determined that the liquid manure spill had resulted from a rupture of a recently installed transfer hose intended to transfer liquid manure over a long distance. Nobra Holsteins Inc. did not exercise due diligence and failed to take all reasonable steps to avoid this offence. It was discovered that the system was not properly installed prior to its use and that it was not properly inspected prior to pumping liquid manure. The transfer hose was installed in a high-risk area on provincial property, without proper approval. The spill had a significant impact, 530 dead Brook Trout were collected in a 2,459-metre section of the tributary, forced the closure of shellfish harvesting areas from June until the end of September 2020, and halted recreational activities in the area until December 2021. Restocking the affected waterway cost nearly $6,000. |
| Charges: |
Nobra Holsteins Inc., on and between June 2, 2020 and June 5, 2020 at or near parcel 635474 in or near Irishtown, Prince Edward Island, did unlawfully deposit or permit the deposit of a deleterious substance in water frequented by fish or in any place under conditions where the deleterious substance may enter such water, to wit: an unnamed tributary which flows into Cousins Pond, contrary to s.36(3) of the Fisheries Act R.S.C. 1985, c. F-14, and thereby committing an offence contrary to s.40(2) of the Fisheries Act, R.S.C. 1985, c. F-14
|
| Enforcement notification: | Prince Edward Island dairy company fined $50,000 for offence under the Fisheries Act |
| Result: | Guilty Plea |
|---|---|
| Date of conviction: | 2022-03-23 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
|
| Additional details about the nature of the offense: |
| Act | Regulations | Section(s) |
|---|---|---|
| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act | 36(3) |
| Date of sentencing: |
2022-03-23 |
|---|---|
| Location of sentencing: | Charlottetown |
| Sentence(s): |
|
| Amount of fine(s): | $50,000 |
| Sentencing details: |
On March 23, 2022 before the Charlottetown Provincial Court in the Province of Prince Edward Island, Nobra Holsteins Inc has pleaded guilty to violating s.36(3) of the Fisheries Act and was sentenced pursuant to s. 40(2)(b) of the Fisheries Act to pay a $50,000 monetary penalty to the EDF.
Nobra Holsteins Inc was also ordered pursuant to s.79.2(i) of the Fisheries Act to prepare a manure spill prevention and response plan. |