Syncrude Canada Ltd. - conviction information for 2019-01-02
| Corporation name: | Syncrude Canada Ltd. |
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| Address: | 525-3 Avenue SW |
| City: | Calgary |
| Province/territory: | Alberta |
| Postal code: | T2P 0G4 |
| Country: | Canada |
| Sector or industry: | 211 - Oil and gas extraction |
| Location of offense: | Latitude 57.24584 Longitude 111.42510, Near Fort McMurray, Alberta |
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| Case summary: |
On August 7th, 2015, at 11:12:04 AM, a National Environmental Emergencies Centre (NEEC) Notification was received (Ref. No. 301906) indicating Syncrude Canada, Fort McMurray reported an incident where they had discovered 30 deceased great blue herons at their Mildred Lake site GPS easting 455569, nothing 6317978. The birds were found in an abandoned facility near Syncrude Southwest Sands Facility.
A joint on-site inspection with Alberta Energy Regulators and Alberta Fish and Wildlife Biologist took place on August 12th, 2015. A necropsy was performed on one of the birds and oil fingerprinting from the sample of bitumen and two birds were conducted. The oil fingerprinting sample came back positive in a Report of Chemical Analysis on October 1st, 2015.
The final diagnosis and interpretation of the necropsy were received on November 13th, 2015, indicating severe tar accumulation on feathers and skin, generalized; severe acute exertional myopathy, multifocal to coalescing, generalized; and urate nephrosis. The interpretation being the heron was covered in thick tar which would have made movement impossible. The bird had severe degenerative and necrotizing lesions in all skeletal muscles examined consistent with exertional or capture myopathy. This bird struggled against the restrictive effects of the tar for several hours to perhaps a day or so. There were urates in the kidney suggesting some degree of dehydration. The bird was in good nutritional condition at the time it was entrapped in the tar.
Syncrude Canada Ltd. was served on October 18th, 2015, with two counts under the Migratory Bird Convention Act, 1994.
On January 2nd, 2019, Syncrude Canada Ltd. was sentenced by the Provincial Court of Alberta Criminal Division to a fine amount of $1,775,000.00 directed to the Government of Canada's Environmental Damages Fund to be used with a preference for purposes relating to protecting, conserving or restoring the environment in relation to migratory birds in Northeastern Alberta. |
| Charges: |
Count 1
On or before the 5th day of August 2015, at or near Fort McMurray, in the Province of Alberta, did deposit, a substance that is harmful to migratory birds, or did permit the deposit of such a substance, in waters or an area frequented by migratory birds or in a place from which the substance may enter such waters or such an area, contrary to section 5.1(1) of the Migratory Birds Convention Act, 1994, S.C. 1994, c.22 and did thereby commit an offence contrary to section 13(1)(a) of the said Act.
Count 2
On or before the 5th day of August 2015, at or near Fort McMurray, in the Province of Alberta, did deposit, or did permit the deposit of such a substance, in waters or an area frequented by migratory birds or in a place from which the substance may enter such waters or such an area, that in combination with one or more substances result in a substance that is harmful to migratory birds, contrary to section 5.1(2) of the Migratory Birds Convention Act, 1994, S.C. 1994, c.22 and did thereby commit an offence contrary to section 13(1)(a) of the said Act. |
| Enforcement notification: | Alberta company fined $1.775 million for violating the Migratory Birds Convention Act, 1994 |
| Result: | Guilty (Court Decision) |
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| Date of conviction: | 2019-01-02 |
| 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) |
|---|---|---|
| Migratory Birds Convention Act, 1994 | 5.1(1), 13(1)(a) |
| Date of sentencing: |
2019-01-02 |
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| Location of sentencing: | Fort McMurray, Alberta |
| Sentence(s): |
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| Amount of fine(s): | $1,775,000 |
| Sentencing details: |
On January 2nd, 2019, before the Provincial Court of Alberta Criminal Division in Fort McMurray, Alberta, Syncrude Energy Ltd. stood convicted of Count 1 under the Migratory Birds Convention Act, 1994, S.C. 1994c. 22.
Syncrude was fined $1,775,000.00 to be paid to the Government of Canada's Environmental Damages Fund to be used with a preference for the purposes relating to protecting, conserving, or restoring the environment in relation to migratory birds in Northeastern Alberta pursuant to s. 13.2(2), or for administration of the fund. |