TMAC Resources Inc. - conviction information for 2019-10-02
| Corporation name: | TMAC Resources Inc. |
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| Address: | 95 Wellington Street West, Suite 1010 |
| City: | Toronto |
| Province/territory: | Ontario |
| Postal code: | M5H 1J8 |
| Country: | Canada |
| Sector or industry: | 212 - Mining and quarrying (except oil and gas) |
| Location of offense: | 68.13680,-106.61735, Hope Bay, Nunavut |
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| Case summary: |
TMAC Resources Inc. (TMAC) is a registered corporation in Canada that acquired the Doris North project (Hope Bay Mine Project) from Newmont, a gold exploration camp located in Nunavut, for the purposes of building a mine.
On November 7, 2014, Environment and Climate Change Canada (ECCC) sent correspondence to TMAC indicating that the facility was inspected by ECCC enforcement officers and is regarded as a mine under development. As such, it may be subject to the provisions of the Metal Mining Effluent Regulations (MMER) if the final discharge points located at the mine discharge effluent that exceeds 50 cubic metres per day.
On November 13, 2015, ECCC enforcement officers received and reviewed the Monthly Monitoring Reports for the active Nunavut Water Licence for the months of June to September 2015 and found that TMAC was discharging effluent from the final discharge points in excess of 50 cubic metres per day.
On December 7, 2015, ECCC enforcement officers contacted a representative of TMAC and confirmed the discharge and determined they allegedly failed to submit required reporting information under the MMER.
On December 8, 2015, ECCC Enforcement initiated an investigation into the alleged offences, which revealed that TMAC failed to submit required information 60 days after the day Hope Bay mine became subject to the MMER per sections 8 and 9. Additionally, TMAC did not submit their effluent monitoring to ECCC as required by the MMER.
The investigation focused on the failure of TMAC to comply with submitting required information under the MMER according to section 4(2)(b). As a result, TMAC’s operations at the Hope Bay mine site did not meet the provisions of the MMER and Fisheries Act; therefore, TMAC did not have the authority to deposit effluent from their final discharge point in any water or place, namely Doris Creek, Nunavut.
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| Charges: |
Count 1:
On or between the 3rd day of July 2015 and the 23rd day of September 2015, at or near the Hope Bay Mine site of TMAC Resources Incorporated, being the owner or operator of a mine, TMAC Resources Incorporated did deposit or permit the deposit of effluent that contained a deleterious substance set out in column 1 of schedule 4 of the Metal Mining Effluent Regulations, SOR 2002-222 (MMER) from the Tailings Impoundment Area identified at item 9, in schedule 2 part 9 of the MMER, without proper authorization, contrary to section 4(2)(b) of the MMER, thereby committing an offence under section 78 of the Fisheries Act. |
| Enforcement notification: | Nunavut-based mining company fined for failure to comply with Metal Mining Effluent Regulations |
| Result: | Guilty Plea |
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| Date of conviction: | 2019-10-02 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Failing to have proper authorization for the discharges of an effluent. |
| Act | Regulations | Section(s) |
|---|---|---|
| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act | Metal Mining Effluent Regulations | s.4(2)(b) MMER REMM / s.78 FA LP |
| Date of sentencing: |
2019-10-02 |
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| Location of sentencing: | Iqaluit, Nunavut |
| Sentence(s): |
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| Amount of fine(s): | $50,000 |
| Sentencing details: |
On the 2nd day of October 2019, before the Territorial Court of Iqaluit, Nunavut, the corporation TMAC Resources Incorporated has pleaded guilty to section 4(2)(b) of the Metal Mining Effluent Regulations, thereby committing an offence under section 78 of the Fisheries Act and was sentenced to pay fifty thousand dollars ($50,000.00) to the Government of Canada’s Environmental Damages Fund. TMAC has 30 days to pay.
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