Michels Canada Co. - conviction information for 2022-12-06
| Corporation name: | Michels Canada Co. |
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| Address: | 1102 16 Avenue |
| City: | Nisku |
| Province/territory: | Alberta |
| Postal code: | T9E 0A9 |
| Country: | Canada |
| Sector or industry: | 237 - Heavy and civil engineering construction |
| Location of offense: | 1. Cape Horn Creek, Coquitlam and 2. Quibble Creek, Surrey, Coquitlam and Surrey, British Columbia |
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| Case summary: |
Cape Horn Creek Incident:
On August 22, 2017, Michels Canada Co. was the head contractor responsible for horizontal directional boring operations in Coquitlam, BC. During drilling operations Michels Canada Co. failed to identify a storm drain connection adjacent to the construction area, and drilling fluid and sediment-laden waters were released through the storm sewer system into Cape Horn Creek. Twenty dead fish were found in the creek following the release.
Quibble Creek Incident:
On September 2, 2017, Michels Canada Co. was carrying out horizontal directional boring operations in Surrey, BC. During drilling operations, drilling fluid and sediment-laden waters were released through a storm sewer system into Quibble Creek. It was estimated that a discharge of approximately 1600 litres entered Quibble Creek through the storm sewer system.
Approximately 533 dead fish were found in the creek following the release.
Cape Horn Creek and Quibble Creek form part of the Fraser River Estuary. This estuary contains rich habitat for many species of fish and wildlife. The estuary’s marshes support millions of migrating salmon at a critical stage in their early development, before they migrate out to sea, and act as a staging area for adult upstream spawning migration. The Fraser River estuary is a globally significant ecosystem.
Specifically, both Cape Horn Creek and Quibble Creek support fish of economic, social, and cultural importance. The presence of Cutthroat trout in Quibble creek, a species at risk and of special concern, emphasizes the need for the protection of this creek and its supporting habitat.
Both Cape Horn Creek and Quibble Creek are recognised for their biological importance and have been given the highest rating for protection;designated Class A (red) watercourses, meaning that they are inhabited by salmonids year-round and have potential to support many species of fish.
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| Charges: |
Count 1
Michels Canada Co., on August 22, 2017, in Coquitlam, British Columbia, did deposit or permit the deposit of a deleterious substance, to wit: drilling fluid and sediment-laden waters, in water frequented by fish, to wit: Cape Horn Creek, in contravention of s. 36(3) of the Fisheries Act, thereby committing an offence under s. 40(2) of this Act.
Count 2
Michels Canada Co., on September 2, 2017, in Surrey, British Columbia, did deposit or permit the deposit of a deleterious substance, to wit: drilling fluid and sediment-laden waters, in water frequented by fish, to wit: Quibble Creek, in contravention of s. 36(3) of the Fisheries Act, thereby committing an offence under s. 40(2) of this Act. |
| Enforcement notification: | Michels Canada Co. fined $2.8 million for releasing harmful deposits into British Columba rivers |
| Result: | Guilty Plea |
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| Date of conviction: | 2022-12-06 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| 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: |
2022-12-06 |
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| Location of sentencing: | Surrey, BC Provincial Court |
| Sentence(s): |
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| Amount of fine(s): | $2,800,000 |
| Sentencing details: |
Joint submission that Michels Canada Co. receive a penalty of $2.8 million ($1 million - Cape Horn Creek, $1.8 million – Quibble Creek)
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