Rio Tinto Fer et Titane inc. - conviction information for 2025-01-13
| Corporation name: | Rio Tinto Fer et Titane inc. |
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| Address: | 43 km North of Havre-Saint-Pierre |
| City: | Havre-Saint-Pierre |
| Province/territory: | Quebec |
| Country: | Canada |
| Sector or industry: | 212 - Mining and quarrying (except oil and gas) |
| Location of offense: | 43 km North of Havre-Saint-Pierre, Havre-Saint-Pierre, Quebec |
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| Case summary: |
The company Rio Tinto Fer et Titane inc. operates a mine at Lake Tio, north of Havre-Saint-Pierre, Quebec. The site has final discharge points subject to the Metal and Diamond Mining Effluent Regulations, such as RH-Léo and Ancienne-Croix. Effluent from these two discharge points flows into Lake Petit Pas, which is frequented by fish.
In February 2023, excesses of nickel occurred in the effluent from the RH-Léo final discharge point. These excesses were caused by the accidental severing of electrical cables, which interrupted the pumping and treatment system of this effluent.
In July and August 2023, deposits of a low pH effluent were also observed at the Ancienne-Croix final discharge point. Effluent with a low pH is harmful to fish. The investigation revealed that at the time of these offences, this effluent was not treated.
In addition, in November 2023, Rio Tinto Fer et Titane inc. failed to take a sample without delay following an unauthorized deposit of a deleterious substance, as required by Metal and Diamond Mining Effluent Regulations.
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| Charges: |
Count 1: On or around February 9, 2023, at the RH-Léo final discharge point, was deposit or permit the deposit of a deleterious substance of any type (nickel at a concentration of 4.22 mg/L) in water frequented by fish, specifically Lake Petit-Pas, in violation of subsection 36(3) of the Fisheries Act.
Count 2: On or around February 10, 2023, at the RH-Léo final discharge point, was deposit or permit the deposit of a deleterious substance of any type (namely an effluent containing nickel at a concentration of 4.01 mg/L) in water frequented by fish, specifically Lake Petit-Pas, in violation of subsection 36(3) of the Fisheries Act.
Count 3: On or around February 13, 2023, at the RH-Léo final discharge point, was deposit or permit the deposit of a deleterious substance of any type (namely an effluent containing nickel at a concentration of 3.96 mg/L) in water frequented by fish, specifically Lake Petit-Pas.
Count 4: On or around July 11, 2023, at the Ancienne-Croix final discharge point, was deposit or permit the deposit of a deleterious substance of any type (namely an effluent with a pH of 5.2) in water frequented by fish, specifically Lake Petit-Pas, in violation of subsection 36(3) of the Fisheries Act.
Count 5: On or around July 18, 2023, at the Ancienne-Croix final discharge point, was deposit or permit the deposit of a deleterious substance of any type (namely an effluent with a pH of 4.2) in water frequented by fish, specifically Lake Petit-Pas, in violation of subsection 36(3) of the Fisheries Act.
Count 6: On or around July 25, 2023, at the Ancienne-Croix final discharge point, was deposit or permit the deposit of a deleterious substance of any type (namely an effluent with a pH of 4) in water frequented by fish, specifically Lake Petit-Pas, in violation of subsection 36(3) of the Fisheries Act.
Count 7: On or around August 1, 2023, at the Ancienne-Croix final discharge point, was deposit or permit the deposit of a deleterious substance of any type (namely an effluent with a pH of 3.9) in water frequented by fish, specifically Lake Petit-Pas, in violation of subsection 36(3) of the Fisheries Act.
Count 8: On or around November 8, 2023, failure to take a sample, without delay, following an unauthorized deposit of a deleterious (harmful) substance in violation of subsection 31.1(1) of the Metal and Diamond Mining Effluent Regulations.
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| Enforcement notification: | Rio Tinto Fer et Titane inc. is ordered to pay $2 million for violating the Fisheries Act and the Metal and Diamond Mining Effluent Regulations |
| Result: | Guilty Plea |
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| Date of conviction: | 2025-01-13 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: |
Deposit of a deleterious substance of any type in water frequented by fish. Failure to take a sample without delay. |
| Act | Regulations | Section(s) |
|---|---|---|
| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act | Metal Mining Effluent Regulations | 36(3) 31.1(1) |
| Date of sentencing: |
2025-01-13 |
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| Location of sentencing: | Sept-Iles |
| Sentence(s): |
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| Amount of fine(s): | $2,000,000 |
| Sentencing details: |
On January 13, 2025, before the Quebec Court at the Sept-Îles Courthouse in Quebec, Rio Tinto Fer et Titane inc. pleaded guilty to 8 counts. The first 3 counts are violations of subsection 36(3) of the Fisheries Act for depositing a deleterious substance, namely an effluent containing a nickel concentration higher than the permitted limit under the Metal and Diamond Mining Effluent Regulations. Counts 4 to 7 relate to violations of subsection 36(3) of the Fisheries Act for depositing a deleterious substance, namely an effluent with a pH lower than 6. Finally, Rio Tinto Fer et Titane inc. pleaded guilty to Count 8 for failing to take a sample, without delay, following an unauthorized deposit of a deleterious (harmful) substance in violation of subsection 31.1(1) of the Metal and Diamond Mining Effluent Regulations.
A total fine of $2,000,000 was imposed. The full amount of the fine will be paid to the Government of Canada’s Environmental Damages Fund.
The breakdown of the fine is as follows:
Count 1: $400,000
Count 2: $300,000
Count 3: $300,000
Count 4: $200,000
Count 5: $250,000
Count 6: $250,000
Count 7: $250,000
Count 8: $50,000
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