1799334 ALBERTA LTD., carrying on business as OSY RENTALS LTD. - conviction information for 2024-06-11
| Corporation name: | 1799334 ALBERTA LTD., carrying on business as OSY RENTALS LTD. |
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| Address: | Box 5 |
| City: | Major |
| Province/territory: | Saskatchewan |
| Postal code: | S0L 2H0 |
| Country: | Canada |
| Sector or industry: | 213 - Support activities for mining, and oil and gas extraction |
| Location of offense: | Box 5, Major, Saskatchewan |
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| Case summary: |
On May 5, 2023, Canada Border Services Agency (CBSA) advised Environment and Climate Change Canada Wildlife Enforcement Directorate (ECCC WED) that they had intercepted a shipment transiting through Winnipeg from Texas to Saskatchewan that contained various taxidermy wildlife species. The importer was identified on the commercial invoice as OSY Rentals of Major, Saskatchewan.
WED Officers in Winnipeg inspected the shipment and located various Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) protected species of taxidermy wildlife, as well as multiple different species protected under US law. No CITES permits were located for the shipment. In addition, the broker utilized a Harmonized Code for non-CITES animals rather than the proper code. The importer was identified as OSY Rentals of Major, SK. The entire shipment was detained at this time. An investigation was initiated and determined that there had been two other shipments of taxidermy imported by OSY Rentals in the past.
WED Officers conducted a search warrant to search the OSY Rentals office building, outbuildings, vehicles, and trailers registered to OSY Rentals. During the warrant, 37 items were seized which consisted of multiple wildlife taxidermy mounts, electronic devices, and documents.
Analysis of evidence collected in this investigation, including a cautioned statement of the accused, led the Wildlife Enforcement Directorate of Environment and Climate Change Canada to believe that OSY Rentals Ltd. knowingly imported CITES and controlled species into Canada for the purpose of possessing and controlled species.
The remaining taxidermy mounts not recovered during the search were voluntarily forfeited by OSY Rentals.
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| Charges: |
COUNT 1: On or between the 11th day of June, 2021 and the 26th day of April, 2023, both dates inclusive, at or near Sarnia, Ontario and Emerson, Winnipeg, and elsewhere in Canada, did unlawfully import into Canada any part of an animal (to wit: wildlife taxidermy mounts) contrary to subsections 6(1) and 6(2) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, S.C. 1992, c. 52 (WAPPRIITA) and did thereby contravene Section 22(1)(a) of WAPPRIITA.
COUNT 2: On or between the 11th day of June, 2022, and the 25th day of May, 2023, both dates inclusive, at or near Major, Saskatchewan, did unlawfully and knowingly possess any part of an animal (to wit: wildlife taxidermy mounts) that had been imported in contravention of subsection 6(1) and 6(2) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, S.C. 1992, c. 52 (WAPPRIITA), thereby contravening subsection 8(a) and section 22(1)(a) of WAPPRIITA. |
| Enforcement notification: | 1799334 ALBERTA LTD., carrying on business as OSY RENTALS LTD., fined $60,000 for illegally importing and possessing protected wildlife species |
| Result: | Guilty Plea |
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| Date of conviction: | 2024-06-11 |
| 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) |
|---|---|---|
| Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act | 6(1), 6(2), 8(a), 22(1) |
| Date of sentencing: |
2024-06-11 |
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| Location of sentencing: | Saskatoon, Saskatchewan |
| Sentence(s): |
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| Amount of fine(s): | $60,000 |
| Sentencing details: |
On the 11th of June 2024, before the Provincial Court of Saskatchewan, 1799334 ALBERTA LTD., carrying on business as OSY RENTALS LTD., was fined $60,000 after pleading guilty to two offences under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA).
Aggravating and mitigating factors:
The number of shipments here and overall number of wildlife taxidermy items is aggravating, particularly when we consider the CITES-protected species, which are particularly important and vulnerable.
In terms of mitigation, the following factors are relevant:
a. The Accused Corporation did not intentionally deceive authorities about the contents of the wildlife taxidermy shipments.
b. The accused Corporation cooperated immediately with the officers.
c. The Director, Mr. Cairns, gave officers additional information during his interview.
d. At his own expense, Mr. Cairns obtained and returned various wildlife taxidermy items that were not located during the execution of the search warrant.
e. The Accused Corporation has already paid its debt for the costs of the investigation as required under WAPPRIITA.
f. The Accused Corporation has not previously been charged with any offence and has no criminal or regulatory record.
g. Mr. Cairns and the Accused Corporation incurred over $60,000 in sunk costs through the misadventure.
h. Neither the Accused Corportation nor Mr. Cairns profited, or intended to profit, from these offences. |