Athabasca County - conviction information for 2019-06-10
| Corporation name: | Athabasca County |
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| Address: | 3602-48th Avenue |
| City: | Athabasca |
| Province/territory: | Alberta |
| Postal code: | T9S 1M8 |
| Country: | Canada |
| Sector or industry: | 913 - Local, municipal and regional public administration |
| Location of offense: | Meanook National Wildlife Area, Near Athabasca, SW 13-65-23 W4M and NW 12-65-23 W4M, Alberta |
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| Case summary: |
Meanook National Wildlife Area (NWA) is protected by the Government of Canada through the Canada Wildlife Act. It is situated within the Athabasca River basin 17 kilometers southwest of Athabasca, Alberta and protects an area of representative native mixed forest habitat in an agricultural area.
Between August 24th, 2017, and September 27th, 2017, Athabasca County personnel were engaged in road construction activities in the Meanook NWA. Approximately 2.5 hectares of the Meanook NWA was impacted as a result of these road construction activities. The impact included: driving vehicles moving soil, removing trees, fences and signage structures some in very weathered condition; and lighting fires to burn felled trees. One area of felled trees included a bat monitoring station installed in a tree that was never located.
Athabasca County is responsible for the care and maintenance of the County roads some of which travel along the boundaries and through the Meanook NWA. On July 18th, 2017, Athabasca County Council approved the Biological Station Road West construction project for the purposes of improving a 0.5 mile section of road that runs between two sections of the Meanook NWA in Alberta. The section of road had deteriorated substantially and was a source of concern for local citizens.
Although correspondence between Athabasca County and other parties took place, they failed to obtain the appropriate permit to engage in road construction activity which led to an Environmental Protection Compliance Order (EPCO) being issued on October 3th, 2017, to stop road construction activities within Meanook NWA.
Athabasca County ceased road construction activities on the same date as the EPCO was issued and cooperated fully with the Environment and Climate Change Canada (ECCC) investigation that led to the fines under the Canada Wildlife Act. |
| Charges: |
Count 1
That Athabasca County, on or between August 3rd, 2017, and September 27th, 2017, at or near SW 13-65-23 W4M and NW 12-65-23 W4M in the Province of Alberta, did damage, destroy or remove a plant, without authorization of a permit contrary to subsection 3(1)(d) of the Wildlife Area Regulations C.R.C., c. 1609, and thereby did commit an offence under subsection 13(1) of the Canada Wildlife Act R.S.C., 1985, c. W-9.
Count 2
That Athabasca County, on or between August 3rd, 2017, and September 27th, 2017, at or near SW 13-65-23 W4M and NW 12-65-23 W4M in the Province of Alberta, did light or maintain a fire, without authorization of a permit contrary to subsection 3(1)(g) of the Wildlife Area Regulations C.R.C., c. 1609, and thereby did commit an offence under subsection 13.01(1) of the Canada Wildlife Act R.S.C., 1985, c. W-9.
Count 3
That Athabasca County, on or between August 3rd, 2017 and September 27th, 2017, at or near SW 13-65-23 W4M and NW 12-65-23 W4M in the Province of Alberta, did operate a conveyance, without authorization of a permit contrary to subsection 3(1)(h) of the Wildlife Area Regulations C.R.C., c. 1609, and thereby did commit an offence under subsection 13(1) of the Canada Wildlife Act R.S.C., 1985, c. W-9.
Count 4
That Athabasca County, on or between August 3rd, 2017 and September 27th, 2017, at or near SW 13-65-23 W4M and NW 12-65-23 W4M in the Province of Alberta, did remove and destroy fence, sign or other structure to wit: bat dector, without authorization of a permit contrary to subsection 3(1)(j) of the Wildlife Area Regulations C.R.C., c. 1609, and thereby did commit an offence under subsection 13.01(1) of the Canada Wildlife Act R.S.C., 1985, c. W-9.
Count 5
That Athabasca County, on or between August 3rd, 2017, and September 27th, 2017, at or near SW 13-65-23 W4M and NW 12-65-23 W4M in the Province of Alberta, did carry on industrial activity without the authorization of a permit contrary to subsection 3(1)(k) of the Wildlife Area Regulations C.R.C., c. 1609, and thereby did commit an offence under subsection 13(1) of the Canada Wildlife Act R.S.C., 1985, c. W-9.
Count 6
That Athabasca County, on or between August 3rd, 2017 and September 27th, 2017, at or near SW 13-65-23 W4M and NW 12-65-23 W4M in the Province of Alberta, did disturb or remove any soil, sand, gravel or other material without authorization of a permit contrary to subsection 3(1)(l) of the Wildlife Area Regulations C.R.C., c. 1609, and thereby did commit an offence under subsection 13.01(1) of the Canada Wildlife Act R.S.C., 1985, c. W-9. |
| Enforcement notification: | Athabasca County sentenced $300K for illegal activity in Meanook National Wildlife Area |
| Result: | Guilty Plea |
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| Date of conviction: | 2019-06-10 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Carry on any commercial activity or industrial activity. |
| Act | Regulations | Section(s) |
|---|---|---|
| Canada Wildlife Act | Wildlife Area Regulations | 13.01(1), 3(1)(k) |
| Date of sentencing: |
2019-06-10 |
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| Location of sentencing: | St. Albert, Alberta |
| Sentence(s): |
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| Amount of fine(s): | $300,000 |
| Sentencing details: |
As per the Agreed Statement of Facts Information No. 190382655P1 dated the 07/06/2019, Athabasca County pled guilty to Count 5. Counts 1, 2, 3, 4 and 6 were withdrawn.
Athabasca County was ordered to pay a fine of three hundred thousand dollars ($300,000.00), to be credited to the Government of Canada’s Environmental Damages Fund, an account in the accounts of Canada, and that the court recommend all or part of the fine be paid to Athabasca University for purposes related to protecting, conserving or restoring the environment, pursuant to section 13.13(2) of the Canada Wildlife Act. |