Delfresh Mushroom Farm Ltd - conviction information for 2021-11-22

Corporation details
Corporation name: Delfresh Mushroom Farm Ltd
Address: 28230 58 Avenue
City: Abbotsford
Province/territory: British Columbia
Postal code: V4X 2E8
Country: Canada
Sector or industry: 111 - Crop production
Case details
Location of offense: 28230 58 Avenue, Abbotsford, British Columbia
Case summary:

In August 2018, officers conducted an onsite Fisheries Act inspection of Delfresh Mushroom Farm Ltd and collected samples from where the farm deposited effluent into waters frequented by fish. The analysis of these samples determined the effluent was a deleterious substance and acutely lethal to fish.

Subsequently, officers issued a Fisheries Act Direction, which required that Delfresh Mushroom Farm Ltd. stop the deleterious deposit and develop and implement a plan to prevent further deleterious deposits from entering waters frequented by fish.

In November 2018, officers returned to the farm for a follow-up inspection and observed brown effluent being deposited into a creek.

Laboratory analysis of samples taken from the farm at this time confirmed the effluent being deposited to be deleterious. The officers issued a second Direction under the Fisheries Act.
Charges:

On November 22, 2021, Delfresh Mushroom Farm Ltd. plead guilty to the following charges.

Count 1
Delfresh Mushroom Farm Ltd., on or about August 1, 2018, at or near the city of Abbotsford in the Province of British Columbia, did deposit or permit the deposit of a deleterious substance, to wit: mushroom farm effluent into water frequented by fish, to wit: an unnamed tributary of Bradner Creek and Nathan Creek, contrary to section 36(3) of the Fisheries Act and did thereby commit an offence contrary to subsection 40(2) of the Fisheries Act.

Count 3
That Delfresh Mushroom Farm Ltd., on or about November 29, 2018, at or near the city of Abbotsford in the Province of British Columbia, did deposit or permit the deposit of a deleterious substance, to wit: mushroom farm effluent into water frequented by fish, to wit: an unnamed tributary of Bradner Creek and Nathan Creek, contrary to section 36(3) of the Fisheries Act and did thereby commit an offence contrary to subsection 40(2) of the Fisheries Act.
Enforcement notification: Two British Columbia mushroom farms fined a total of $650,000 for Fisheries Act offences.
Conviction
Result: Guilty Plea
Date of conviction: 2021-11-22
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 36(3)
Sentencing
Date of sentencing: 2022-04-04
Location of sentencing: Abbotsford, BC
Sentence(s):
  • Penalty for the EDF
Amount of fine(s): $265,000
Sentencing details:

On April 4, 2022, Delfresh Mushroom Farm Ltd. was sentenced to pay a $265,000 fine to the Environmental Damages Fund no later than April 4, 2032.

Delfresh Mushroom Farm Ltd. was also ordered to submit a report to ECCC by July 1, 2022 “itemizing steps it has taken to prevent deleterious deposits into waters frequented by fish”. 
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