Peace River Hydro Partners - conviction information for 2023-07-31
| Corporation name: | Peace River Hydro Partners |
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| Address: | Suite 2600, 595 Burrard Street P.O Box 49314 |
| City: | Vancouver |
| Province/territory: | British Columbia |
| Postal code: | V7X 1L3 |
| Country: | Canada |
| Sector or industry: | 237 - Heavy and civil engineering construction |
| Location of offense: | Site C , Fort St. John, British Columbia |
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| Case summary: |
The charge stemmed from an investigation by Environment and Climate Change Canada enforcement officers into the discharge of 3,300 m³ of contaminated drainage water into the Peace River on September 9 and 10, 2018. The investigation determined that, during a high rainfall event, the water management infrastructure at the Site C Clean Energy Project near Fort St. John, British Columbia, had insufficient available capacity to treat the additional drainage, and a mix of treated and untreated drainage was released into the Peace River. The contaminated drainage water had a low pH (acidic) and a high concentration of metals. A sample of the drainage water collected on September 9, 2018, determined that it contained a concentration of aluminum that was acutely lethal to fish. This unauthorized release was contrary to subsection 36(3) of the Fisheries Act. |
| Charges: |
COUNT 1:
ACCIONA Infrastructure Canada Inc. and Samsung Renewable Energy Inc. (carrying on business in partnership as Peace River Hydro Partners), on or about the 9th day of September 2018 and the 10th day of September 2018, at or near the City of Fort St. John, in the Province of British Columbia, did unlawfully deposit or permit the deposit of a deleterious substance, to wit: drainage from RSEM R5b sediment pond, into water frequented by fish, to wit: the Peace River, contrary to subsection 36(3) of the Fisheries Act, and did thereby commit an offence in contravention of subsection 40(2) of the Fisheries Act.
COUNT 2:
ACCIONA Infrastructure Canada Inc. and Samsung Renewable Energy Inc. (carrying on business in partnership as Peace River Hydro Partners), and British Columbia Hydro and Power Authority, on or about the 8th day of September 2018, at or near the City of Fort St. John, in the Province of British Columbia, did unlawfully fail to notify without delay an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of the serious and imminent danger of the deposit of a deleterious substance in water frequented by fish that is not authorized under the Fisheries Act, and detriment to fish habitat or fish or to the use by humans of fish may have reasonably been expected to result from the occurrence, contrary to subsection 38(5) of the Fisheries Act, and did thereby commit an offence in contravention of subsection 40(3) of the Fisheries Act.
COUNT 3:
ACCIONA Infrastructure Canada Inc. and Samsung Renewable Energy Inc. (carrying on business in partnership as Peace River Hydro Partners), and British Columbia Hydro and Power Authority, on and between the 9th day of September 2018 and the 20th day of September 2018, at or near the City of Fort St. John, in the Province of British Columbia, did unlawfully fail to notify without delay an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of the deposit of a deleterious substance in water frequented by fish that is not authorized under the Fisheries Act, or the serious and imminent danger of such an occurrence, and detriment to fish habitat or fish or to the use by humans of fish resulted or may have reasonably been expected to result from the occurrence, contrary to subsection 38(5) of the Fisheries Act, and did thereby commit an offence in contravention of subsection 40(3) of the Fisheries Act.
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| Enforcement notification: | Peace River Hydro Partners ordered to pay $1.1 million for deposit of contaminated drainage water into the Peace River |
| Result: | Guilty Plea |
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| Date of conviction: | 2023-07-31 |
| 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: |
2023-07-31 |
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| Location of sentencing: | Fort St. John, British Columbia | |
| Sentence(s): |
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| Amount of fine(s): | $1,100,000 | |
| Sentencing details: |
Peace River Hydro Partners (PRHP) plaid guilty to Count 1.
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