2253457 Ontario Inc. - conviction information for 2024-08-15

Corporation details
Corporation name: 2253457 Ontario Inc.
Address: 7280, Dixie Road
City: Mississauga
Province/territory: Ontario
Postal code: L5S 1E1
Country: Canada
Sector or industry: 447 - Gasoline stations
Case details
Location of offense: 7280, Dixie Road, Mississauga, Ontario
Case summary:
On February 7, 2019, a complaint was called into the Spills Action Centre of Ontario's Ministry of the Environment, Conservation and Parks, regarding fuel visible in the Etobicoke Creek in Mississauga, Ontario, and the detection of a very strong odour at the site.  The Regional Municipality of Peel received a similar complaint from a different caller on the same day as well.  
 
On February 8, 2019, Environment and Climate Change Canada (ECCC) enforcement officers conducted an on-site inspection at a fuel station, 2253457 Ontario Inc., previously carrying on business as Dixie and 407 Esso (currently as Dixie Mart), and at an outfall to the Etobicoke Creek.  They observed what looked to be diesel fuel in the station’s oil-water separator, and at the outfall to Etobicoke Creek. Through an investigation by ECCC enforcement officers, they found that the oil-water separator equipment was not sufficiently maintained and resulted in the release of diesel fuel through the underground storm sewer into Etobicoke Creek. The clean-up of the spill at the fuel station and the outfall to Etobicoke Creek required both water and fuel to be vacuumed up together.  This resulted in over 50,000 litres of water combined with diesel fuel and sludge being removed from the property and the outfall into Etobicoke Creek. Clean-up efforts spanned five weeks, from February 7, 2019, to March 15, 2019, being prolonged by a second spill of diesel fuel on March 4, 2019.
Charges:
 
One count:  Fisheries Act ss. 36(3)
 
2253457 ONTARIO Inc., previously carrying on business as Dixie and 407 Esso (currently as Dixie Mart), on and between February 7, 2019, and March 5, 2019, in the City of Mississauga, in the Regional Municipality of Peel, or elsewhere in the Province of Ontario, did deposit or permit the deposit of a deleterious substance, namely diesel fuel, in Etobicoke Creek, being water frequented by fish, or in any place under any conditions where the deleterious substance, or any other deleterious substance that resulted from the deposit of the deleterious substance, entered Etobicoke Creek, contrary to subsection 36(3) of the Fisheries Act, and thereby committed an offence pursuant to subsection 40(2) of the said Fisheries Act.
 
Enforcement notification: 2253457 Ontario Inc. fined $100,000 for unlawful deposit of diesel fuel in Etobicoke Creek
Conviction
Result: Guilty Plea
Date of conviction: 2024-08-15
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Allowed the deposit of a deleterious substance
Additional details about the nature of the offense:
Legislative details
Act Regulations Section(s)
Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act 36(3)
Sentencing
Date of sentencing: 2024-08-15
Location of sentencing: Brampton, Ontario
Sentence(s):
  • Penalty for the EDF
Amount of fine(s): $100,000
Sentencing details:
On 15 August 2024, before the Ontario Court of Justice in Brampton, Ontario, 2253457 Ontario Inc. has pleaded guilty to one count of violating the Fisheries Act ss. 36(3) and was sentenced to a fine of $100,000 to be paid to the Government of Canada’s Environmental Damages Fund.
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