CaNickel Mining Limited - conviction information for 2022-04-11
| Corporation name: | CaNickel Mining Limited |
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| Address: | Suite 720-320 Granville Street |
| City: | Vancouver |
| Province/territory: | British Columbia |
| Postal code: | V6C 1S9 |
| Country: | Canada |
| Sector or industry: | 212 - Mining and quarrying (except oil and gas) |
| Location of offense: | Wabowden, Manitoba |
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| Case summary: |
CaNickel Mining Limited owns and operates the Bucko Lake Mine near Wabowden, Manitoba. In August 2017, CaNickel Mining Limited reported to Environment and Climate Change Canada (ECCC) that the monthly mean concentration of Radium 226 in the effluent from the Bucko Lake Mine Settling Pond Discharge final discharge point during July 2017 was 0.44 Becquerels/Litre (Bq/L). The maximum authorized monthly mean for Radium 226 in the Metal Mining Effluent Regulations (MMER) is 0.37 Bq/L.
The MMER requires mine operators to select and record the acute lethality sampling date at least 30 days in advance. This provision is in place so that an operator cannot pick and choose which day they will collect their acute lethality sample in order to collect the sample on a day when the effluent quality is good and more likely to pass the acute lethality test.
On July 25, 2017, ECCC enforcement officers conducted an on-site inspection of the Bucko Lake Mine. During the inspection CaNickel Mining Limited employees provided Enforcement Officers with a written policy that the acute lethality sample would be collected on the second Monday of each month, which satisfies the requirement to select and record the sampling date 30 days in advance. In June 2017, CaNickel Mining Limited collected the acute lethality sample on June 20, 2017, which is the third Tuesday of the month. However, there was an effluent being deposited on June 12, 2017, which was the second Monday of the month. CaNickel Mining Limited did not collect the June 2017 acute lethality sample on the second Monday of the month. During the inspection in July 2017, none of the employees could provide any records that June 20, 2017, was selected and recorded as the June 2017 acute lethality sampling dates at least 30 days in advance. Since CaNickel Mining Limited defaults to the second Monday of the month as the selected acute lethality sample date as per the written policy, and the sample was not collected on that date, CaNickel Mining Limited did not comply with paragraph 14(2)(b) of the MMER for June 2017.
On October 12, 2017, an investigation was initiated and charges were laid on December 10, 2018.
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| Charges: |
Count 1
On or between the 1st day and the 31st day of July 2017, at or near the Bucko Lake Mine, in the Province of Manitoba, did unlawfully deposit or permit the deposit of an effluent that contained a deleterious substance in excess of the authorized limit set out in column 2 of Schedule 4, to wit; Radium 226, in water frequented by fish or in a place where the deleterious substance may enter water frequented by fish, contrary to paragraph 4(1)(a) of the Metal Mining Effluent Regulations and subsection 36(3) of the Fisheries Act, and thereby did commit an offence under subsection 40(2) of said Act.
Count 3
On or about the 12th day of June 2017, at or near the Bucko Lake Mine, in the Province of Manitoba, did unlawfully fail to collect the acute lethality sample on the selected day, to wit: June 12, 2017, contrary to paragraph 14(2)(b) of the Metal Mining Effluent Regulations and subsection 36(3) of the Fisheries Act, and thereby did commit an offence under subsection 40(2) of said Act. |
| Enforcement notification: | Mining company in Manitoba fined $200,000 for violating federal environmental legislation |
| Result: | Guilty Plea |
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| Date of conviction: | 2022-04-11 |
| 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 | Metal Mining Effluent Regulations | 4(1)(a); 14(2)(b) |
| Date of sentencing: |
2022-04-11 |
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| Location of sentencing: | Winnipeg, Manitoba |
| Sentence(s): |
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| Amount of fine(s): | $200,000 |
| Sentencing details: |
On the 11th day of April 2022 before the Provincial Court of Manitoba, in Winnipeg, CaNickel Mining Limited was convicted of two count (count 1 and 3) of violation of subsection 36(3) of the Fisheries Act, RSC 1985, c. F-14, and thereby did commit an offence under subsection 40(2) of said Act.
On the same day, CaNickel Mining Limited was ordered to pay a total of $200,000.00 in fines paid to the Minister of Finance. A breakdown of the penalty is as follows:
Additionally, CaNickel Mining Limited was ordered to:
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