H.Q Mushroom Farm Ltd - conviction information for 2022-04-04

Corporation details
Corporation name: H.Q Mushroom Farm Ltd
Address: 28265 and 28231 58 Avenue
City: Abbotsford
Province/territory: British Columbia
Postal code: V4X 2E8
Country: Canada
Sector or industry:
Case details
Location of offense: 28265 and 28231 58 Avenue, Abbotsford, British Columbia
Case summary:

In October 2015, ECCC environmental enforcement officers inspected H.Q. Mushroom Farm Ltd.’s farm and the officers found that effluent from the farm was entering waters frequented by fish and collected samples for analysis. The results of the analysis indicated that the effluent being deposited was a deleterious substance and acutely lethal to fish.

Officers issued a Fisheries Act Direction, which required H.Q. Mushroom Farm Ltd. to stop the deleterious deposits and to develop and implement a plan to prevent further deleterious deposits from entering waters frequented by fish.

In April 2016, officers returned to the farm to observe the steps taken to prevent deleterious deposits from entering into waters frequented by fish.

They collected samples of the effluent and again laboratory analysis indicated that the effluent being deposited into waters frequented by fish was acutely lethal to fish.
Charges:

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

Count 1
H.Q. Mushroom Farm Ltd., on or about the 20th day of October, 2015, 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 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 2
H.Q. Mushroom Farm Ltd., on or about the 12th day of April, 2016, 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 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: 2022-04-04
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): $385,000
Sentencing details:
On April 4, 2022, H.Q. Mushroom Farm Ltd. was sentenced to pay a $385,000 fine to the Environmental Damages Fund no later than April 4, 2032.
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