Gibson Energy ULC and GEP ULC - conviction information for 2019-07-25
| Corporation name: | Gibson Energy ULC and GEP ULC |
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| Address: | Suite 1700, 440 2 Avenue SW |
| City: | Calgary |
| Province/territory: | Alberta |
| Postal code: | T2P 5E9 |
| Country: | Canada |
| Sector or industry: | 213 - Support activities for mining, and oil and gas extraction |
| Location of offense: | 10533 17th Street, Edmonton, Alberta |
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| Case summary: |
Between March 4 and 6, 2014, chlorinated water leaked from a fire suppression system located at the Gibson Edmonton Terminal located in Edmonton, Alberta. The Gibson Edmonton Terminal is a key energy transportation hub.
Over the course of the three days, chlorinated water traveled off-site and entered an unnamed creek which flows to the North Saskatchewan River. Water samples taken from the release site and the North Saskatchewan River determined that the chlorine concentrations were at levels considered to be deleterious to fish. The court found that Gibson's response to the leak was delayed and inadequate, causing chlorinated water to enter the North Saskatchewan River for a period approaching two and a half days.
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| Charges: |
Count 1
On or between the 4th day of March, 2014 and the 6th day of March, 2014 at or near the City of Edmonton, in the Province of Alberta, did deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water, in violation of subsection 36(3) of the Fisheries Act, RSC 1985, c. F-14, s. 36, 2012, c. 19, s. 143 as amended, and thereby did commit an offence under subsection 40(2) of said Act.
Count 2
On or between the 4th day of March, 2014 and the 6th day of March, 2014 at or near the City of Edmonton, in the Province of Alberta, where a deposit of a deleterious substance in water frequented by fish that is not authorized, and detriment to fish may reasonably be expect to result from the occurrence, did fail to as soon as feasible take all reasonable measures consistent with public safety and with the conservation and protection of fish and fish habitat to prevent that occurrence or to counteract, mitigate or remedy and adverse effects that result from the occurrence or might reasonably be expected to result from, in violation of subsection 38(6) of the Fisheries Act, RSC, 1985, c. F-14, s. 38, 2001 c. 26, s. 300 and 2012, c. 19, s. 145 as amended, and thereby did commit an offence under subsection 40(3)(e) of said Act. |
| Enforcement notification: | Alberta energy companies fined $1.5 million for unlawful deposit of chlorinated water into North Saskatchewan River. |
| Result: | Guilty (Court Decision) |
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| Date of conviction: | 2019-07-25 |
| 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), 38(6) |
| Date of sentencing: |
2021-03-18 |
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| Location of sentencing: | Edmonton, Alberta |
| Sentence(s): |
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| Amount of fine(s): | $1,500,000 |
| Sentencing details: |
On the 25th day of July, 2019 before the Provincial Court of Alberta, in Edmonton, AB, Gibson Energy ULC and GEP ULC (carrying on business in partnership as Gibson Energy Partnership) was convicted of:
- One count of a violation of subsection 36(3) of the Fisheries Act, RSC 1985, c. F-14, s. 36, 2012, c. 19, s. 143 as amended, and thereby did commit an offence under subsection 40(2) of said Act.
- One count of a violation of subsection 38(6) of the Fisheries Act, RSC, 1985, c. F-14, s. 38, 2001 c. 26, s. 300 and 2012, c. 19, s. 145 as amended, and thereby did commit an offence under subsection 40(3)(e) of said Act.
On the 9th day of April, 2021 , Gibson Energy ULC and GEP ULC was ordered to pay a total of $1,500,000.00 in federal fines to the Government Canada's Environmental Damages Fund. A breakdown of the penalty is as follows:
- Count 1: $1,100,000, globally, for the three days the offence continued; and
- Count 2: $400,000, globally, for the three days the offence continued. |