Collingwood Prime Realty Holdings Corp. - conviction information for 2017-09-26
| Corporation name: | Collingwood Prime Realty Holdings Corp. |
|---|---|
| Address: | 480 University Avenue, Suite #1401 |
| City: | Toronto |
| Province/territory: | Ontario |
| Postal code: | M5G 1V2 |
| Country: | Canada |
| Sector or industry: | 551 - Management of companies and enterprises |
| Location of offense: | 480 University Avenue, Suite #1401, Toronto, Ontario |
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| Case summary: |
On August 16, 2013, ECCC officers conducted an on-site inspection at 101 Mountain Road, Collingwood, ON. ECCC officers discovered two transformers and eight capacitors that bore safety marks indicating that they contained Askarel and Ineerteen, generic names used to classify a broad range of fluids that commonly contain polychlorinated biphenyls (PCBs) in a concentration of 400,000 – 700,000 mg/kg PCBs. This is approximately 1,000 times the legal limit allowed in Canada of 500 mg/kg for equipment containing PCBs. Collingwood Prime Realty Holdings Corp. (CPRHC) owned the PCBs at 101 Mountain Road.
On November 7, 2013, a written warning was issued to CPRHC notifying them of their obligations under the PCB Regulations and the Canadian Environmental Protection Act (CEPA) in regard to removing the equipment and sending it away for destruction.
On September 8, 2014, ECCC officers conducted another on-site inspection of the property to follow-up with the written warning to see if the equipment had been removed. During the inspection, the two transformers and eight capacitors were still present.
On September 19, 2014, CPRHC was issued an environmental protection compliance order (EPCO) to have the equipment removed by February 7, 2015. Based on information provided to CPRHC from an electrical contractor the removal and replacement of the equipment could not take place until the first quarter of 2015. ECCC officers took this into consideration and chose to follow-up with the EPCO after the first quarter of 2015.
On April 28, 2015, CPRHC informed the lead ECCC officer that the equipment was not removed.
On April 30, 2015, the lead ECCC case officer informed CPRHC that he was commencing an investigation. The investigation involved obtaining records from various sources and obtaining samples from the two transformers. The investigation revealed that the property was owned and controlled by CPRHC and confirmed that at least one of the transformers was in-use between October 30, 2013 and August 31, 2015. Analysis of the samples collected confirmed both transformers contained PCBs in a concentration greater than 500 mg/kg.
On March 9, 2016, charges were laid against CPRHC and its sole director.
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| Charges: |
Count 1
On or about the 17 day of December, 2015 at the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did use equipment containing polychlorinated biphenyls (PCBs) in a concentration of 500mg/kg or more contrary to paragraph 6(c) of the PCB Regulations thereby committing an offence under subsection 272(1) of the Canadian Environmental Protection Act, 1999. (Transformer ID OR21362)
Count 2
On or about the 17 day of December, 2015 at the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did fail, within 30 days after the PCBs or products containing PCBs ceased to be used daily, to send them for destruction to an authorized facility or store them at a PCB storage site, contrary to subsection 19(1) of the PCB Regulations, thereby committing an offence under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999. (Transformer ID OR21363)
Count 3
On or about the 17 day of December, 2015 at the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did fail, within 30 days after the PCBs or products containing PCBs ceased to be used daily, to send them for destruction to an authorized facility or store them at a PCB storage site, contrary to subsection 19(1) of the PCB Regulations, thereby committing an offence under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999. (Capacitor ID OR57871)
Count 4
On or about the 17 day of December, 2015 at the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did fail, within 30 days after the PCBs or products containing PCBs ceased to be used daily, to send them for destruction to an authorized facility or store them at a PCB storage site, contrary to subsection 19(1) of the PCB Regulations, thereby committing an offence under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999. (Capacitor ID OR57872)
Count 5
On or about the 17 day of December, 2015 at the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did fail, within 30 days after the PCBs or products containing PCBs ceased to be used daily, to send them for destruction to an authorized facility or store them at a PCB storage site, contrary to subsection 19(1) of the PCB Regulations, thereby committing an offence under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999. (Capacitor ID OR57873)
Count 6
On or about the 17 day of December, 2015 at the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did fail, within 30 days after the PCBs or products containing PCBs ceased to be used daily, to send them for destruction to an authorized facility or store them at a PCB storage site, contrary to subsection 19(1) of the PCB Regulations, thereby committing an offence under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999. (Capacitor ID OR57874)
Count 7
On or about the 17 day of December, 2015 at the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did fail, within 30 days after the PCBs or products containing PCBs ceased to be used daily, to send them for destruction to an authorized facility or store them at a PCB storage site, contrary to subsection 19(1) of the PCB Regulations, thereby committing an offence under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999. (Capacitor ID OR57875)
Count 8
On or about the 17 day of December, 2015 at the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did fail, within 30 days after the PCBs or products containing PCBs ceased to be used daily, to send them for destruction to an authorized facility or store them at a PCB storage site, contrary to subsection 19(1) of the PCB Regulations, thereby committing an offence under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999. (Capacitor ID OR57876)
Count 9
On or about the 17 day of December, 2015 at the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did fail, within 30 days after the PCBs or products containing PCBs ceased to be used daily, to send them for destruction to an authorized facility or store them at a PCB storage site, contrary to subsection 19(1) of the PCB Regulations, thereby committing an offence under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999. (Capacitor ID OR57877)
Count 10
On or about the 17 day of December, 2015 at the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did fail, within 30 days after the PCBs or products containing PCBs ceased to be used daily, to send them for destruction to an authorized facility or store them at a PCB storage site, contrary to subsection 19(1) of the PCB Regulations, thereby committing an offence under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999. (Capacitor ID OR57878)
Count 11
Between September 19, 2014 and February 7, 2015 both dates inclusive, at or near the City of Collingwood, in the Province of Ontario, Collingwood Prime Realty Holding Corp. and its sole director, each being a person to whom an Environmental Protection Compliance Order was issued, did fail to comply with the Order contrary to subsection 238(1) of the Canadian Environmental Protection Act, 1999, thereby committing an offence under subsection 272(1) of the Canadian Environmental Protection Act, 1999.
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| Enforcement notification: | Update: Ontario company and its director fined for offences under the Canadian Environmental Protection Act, 1999 |
| Result: | Guilty Plea |
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| Date of conviction: | 2017-09-26 |
| Court level: | Provincial and Territorial Superior Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: |
Using PCB equipment greater than 500 mg/kg after December 31, 2009 contrary to paragraph 6(c) of the PCB Regulations;
Failing to send PCB equipment for destruction to an authorized facility or store them at a PCB contrary to subsection 19(1) of the PCB Regulations;
Failing to comply with an EPCO contrary to subsection 238(1) of the Canadian Environmental Protection Act, 1999
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| Act | Regulations | Section(s) |
|---|---|---|
| Canadian Environmental Protection Act, 1999 (CEPA) | PCB Regulations | subsection 19(1) thereby committing an offence under paragragh 272.2(1)(f) of CEPA |
| Canadian Environmental Protection Act, 1999 (CEPA) | PCB Regulations | subsection 6(c) thereby committing an offence under paragraph 272(1)(h) of CEPA |
| Canadian Environmental Protection Act, 1999 (CEPA) | Failing to comply with an EPCO contrary to subsection 238(1) of CEPA |
| Date of sentencing: |
2018-08-21 |
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| Location of sentencing: | Brampton, Ontario |
| Sentence(s): |
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| Amount of fine(s): | $200,000 |
| Sentencing details: |
On 26, September, 2017, before the Ontario Superior Court of Justice of Brampton, Ontario, Collingwood Prime Realty Holdings Corp. (CPRHC) and its sole director pleaded guilty to:
-Count 1, using one (1) transformer containing PCBs >500mg/kg
-Count 2 failing to send one (1) transformer containing PCBs >500mg/kg for destruction
-Counts 3 to 10 - failing to send eight (8) capacitors containing PCBs >500mg/kg for destruction (1 capacitor per count)
-Count 11, failure to comply with an environmental protection compliance order
On September 13, 2018 Justice of the Peace released his written decision (oral decision made August 21, 2018 and written decision made on September 12, 2018) and imposed fines on CPRHC. The following fine amounts were imposed:
Count 1 - $40,000
Count 2 - $10,000
Counts 3 to 10 - $10,000 ($1,250 each)
Count 11 - $140,000
Total fine amount = $200,000 CPRHC was given 365 days to pay the fine.
CPRHC appealed the sentence and on May 12, 2020 Judge of the Court of Appeal for Ontario released his judgement and reduced the fine amounts set by the sentencing justice. The following new fine amounts were imposed:
Count 1 - $25,000
Counts 2 to 10 - $50,000
Count 11 - $75,000
Total fine amount = $150,000 CPRHC was given 9 months to pay the fine.
The Crown appealed Judge decision and on September 29, 2021 the Ontario Court of Appeal released its decision and restored Justice of the Peace determination and the following fines were re-imposed:
Count 1 - $40,000
Count 2 - $10,000
Counts 3 to 10 - $10,000 ($1,250 each)
Count 11 - $140,000
Total fine amount = $200,000
Key aggravating factors:
-The quantity and nature of the hazardous materials;
-Temporal gap in regulatory compliance (November 7, 2013 to December 21, 2017)
-Cost avoidance
-Great potential harm
-Failing to remove the PCBs despite having the financial wherewithal to do so
-Failure to take steps after being warned and being issued an EPCO
Mitigating factors:
-Showing of remorse through a guilty plea
-Saving 9 days of court time
-The PCBs were removed prior to sentencing.
The methodology the sentencing Justice used in setting the fine amounts was to make the fine four times the cost incurred to have them removed and disposed of. The cost of the clean-up was $110,206.28 and the total fine that was imposed on CPRHC and the sole director of the company was $420,000.00 ($200,000.00 for CPRHC and $220,000.00 for its sole director). |