Government of Nunavut - conviction information for 2022-04-14

Corporation details
Corporation name: Government of Nunavut
Address: PO Box 1000 Station 200
City: Iqaluit
Province/territory: Nunavut
Postal code: X0A 0H0
Country: Canada
Sector or industry: 912 - Provincial and territorial public administration
Case details
Location of offense: Coordinates: 62°48'30.49"N 92° 5'20.12"W, Rankin Inlet, Nunavut
Case summary:
On April 17, 2020, Environment and Climate Change Canada (ECCC) environmental enforcement officers received a spill report of a diesel release from a storage tank system at the Maani Ulujuk Iliniarvik High School in Rankin Inlet, Nunavut. A further follow-up on the spill report determined that the storage tank system is federally regulated, that the storage tank system is owned and operated by the Government of Nunavut and that 18,400 litres of diesel had entered a sensitive arctic environment. 
 
Officers determined that the diesel overflowed from the storage tank system within the school where it entered a drain which eventually flows into Hudson Bay. The Government of Nunavut was unable to capture any of the fuel that was released. Officer’s found that the Government of Nunavut could have prevented this release.
Charges:
Count 1, 3 and 4 withdrawn
Count 2: 
On or between April 16th and April 17, 2020, at or near the Hamlet of Rankin Inlet in the territory of Nunavut, did release or permit or cause the release of a petroleum product or allied petroleum product to wit, diesel fuel, in liquid form in the environment, that is, in Prairie Bay, Hudson's Bay and Arctic Ocean from a storage tank system contrary to 2.1(1) of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, made pursuant to section 209 of the Canadian Environmental Protection Act, 1999 and did thereby commit an offence under paragraph 272(1)(h) of the Canadian Environmental Protection Act, 1999.
Enforcement notification: Government of Nunavut ordered to pay $100,000 fine for Rankin Inlet diesel fuel spill into Hudson Bay
Conviction
Result: Guilty Plea
Date of conviction: 2022-04-14
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Other
Additional details about the nature of the offense:
Legislative details
Act Regulations Section(s)
Canadian Environmental Protection Act, 1999 (CEPA) Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations 2.1 (1)
Sentencing
Date of sentencing: 2022-04-14
Location of sentencing: Iqaluit, Nunavut
Sentence(s):
  • Penalty for the EDF
Amount of fine(s): $100,000
Sentencing details:
On the 14th day of April 2022 before the Nunavut Court of Justice, in Iqaluit, NU, the Government of Nunavut has pleaded guilty to contravening the Canadian Environmental Protection Act,1999 and was convicted of:
- One count of a violation of subsection 2.1(1) of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations.


On the same day, the Government of Nunavut was ordered to:
-Pay a total of $100,000 in fines to the Government of Canada's Environmental Damages Fund; and
-Evaluate all buildings owned by the Government of Nunavut’s Community and Government Services Property and Asset Management Division that have federally regulated storage tank systems in order to identify all potential indoor and outdoor drains to the environment; and
-Provide a report to Environment and Climate Change Canada (ECCC) demonstrating all the mitigation measures they have taken; and
-Disclose the circumstances of the incident to Rankin Inlet residents, ensuring that all community members who may have been adversely affected by the release are aware of the details of the release, potential impacts on the environment and what steps have been taken to prevent a recurrence. 
 
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