EllisDon Construction Services Inc - conviction information for 2021-10-04
| Corporation name: | EllisDon Construction Services Inc |
|---|---|
| Address: | 310-140 Quarry Park Boulevard S.E. |
| City: | Calgary |
| Province/territory: | Alberta |
| Postal code: | T2C 3G3 |
| Country: | Canada |
| Sector or industry: | 237 - Heavy and civil engineering construction |
| Location of offense: | West Calgary Ring Road project site near neighbourhood of Valley Ridge, Calgary, Alberta |
|---|---|
| Case summary: |
EllisDon Construction Services Inc (“EllisDon”) is a corporation incorporated and operating in the Province of Alberta. EllisDon is the design builder of a section of the West Calgary Ring Road (WCRR). On June 10, 2019, while removing a barbed wire fence for the WCRR project, EllisDon employees removed a series of bird boxes containing nesting Tree Swallows. The Tree Swallow is a migratory bird pursuant to the Migratory Birds Convention Act, 1994. The boxes were discovered on the ground that evening by members of the public. The following morning, EllisDon’s site supervisor learned what had happened and contacted their environmental consultant. The consultant confirmed there were thirteen bird boxes in total and that six, possibly seven, were active with Tree Swallows. The boxes were subsequently reattached to their fence posts.
An onsite inspection was conducted by Environment and Climate Change Canada Wildlife Officers. It was confirmed that EllisDon did not hold a valid permit to disturb the nest shelters of migratory birds. This was a violation of section 6(a) of the Migratory Birds Regulations which is an offence under Section 13 of the Migratory Birds Convention Act, 1994. An investigation into the matter followed and a charge was laid at the Provincial Court of Alberta in Calgary.
EllisDon was very cooperative and professional throughout the entire investigation.
|
| Charges: |
Section 6(a) of the Migratory Birds Regulations which is an offence under Section 13 of the Migratory Birds Convention Act, 1994
|
| Enforcement notification: | EllisDon Construction Services Inc. ordered to pay $100,000 for violating the Migratory Birds Convention Act, 1994 |
| Result: | Guilty (Court Decision) |
|---|---|
| Date of conviction: | 2021-10-04 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
|
| Additional details about the nature of the offense: | Disturb the nest shelter of a migratory bird, without a permit |
| Act | Regulations | Section(s) |
|---|---|---|
| Migratory Birds Convention Act, 1994 | 6(a) of the MBR |
| Date of sentencing: |
2022-10-04 |
|---|---|
| Location of sentencing: | Provincial Court of Alberta-Judicial District of Calgary |
| Sentence(s): |
|
| Amount of fine(s): | $100,000 |
| Sentencing details: |
On October 4, 2021, before the Provincial Court of Alberta in Calgary, Judge B.L. Shaw, ordered EllisDon to pay a total penalty of $100,000 to the Environmental Damages Fund, after pleading guilty to disturbing the nest shelter of a migratory bird without a permit, under the Migratory Birds Regulations, which is an offence under the Migratory Birds Convention Act, 1994. In addition to the penalty, the Court further ordered that pursuant to section 16(1)(h) of the Migratory Birds Convention Act, EllisDon shall prepare a lessons learned document, related to migratory bird protection, and implement the document into orientation for all staff (employees and subcontractors) on projects where the risk of encountering migratory birds exists. A copy of the draft lessons learned document was to be sent to Environment and Climate Change Canada for approval prior to implementation. |