Nexen Energy ULC - conviction information for 2018-07-13
| Corporation name: | Nexen Energy ULC |
|---|---|
| Address: | 801-7th Avenue SW |
| City: | Calgary |
| Province/territory: | Alberta |
| Postal code: | T2P 3P7 |
| Country: | Canada |
| Sector or industry: | 211 - Oil and gas extraction |
| Location of offense: | N56.39233 W110.95394 16-24-85-7 W4M, Canada, near Anzac, Alberta |
|---|---|
| Case summary: |
Nexen Energy ULC reported a spill incident from an emulsion line on July 15th, 2015, near Anzac, Alberta. The volume of the spill was unknown at the time however it covered an area of 40 x 50 metres and was increasing. The release occurred in a wetland area with a nearby lake, but the lake was not impacted at the time of the incident. In total, an estimated 5000 m3 of produced emulsion and boiler feed water was released over an area of approximately 21,900 m3. The product spilled was bitumen emulsion which consists of bitumen, water, and sand. Bitumen is known to be harmful to migratory birds.
On July 19th, 2015, Environment and Climate Change Canada (ECCC) Wildlife Enforcement Directorate (WED) received notification from Nexen Energy ULC that a migratory bird had been impacted by the spill incident. Field sampling from the area where the dead migratory bird was located and a necropsy report confirmed that the bird was in good health prior to coming in contact with the emulsion product and the cause of death was due to impacts from the emulsion product. The chemical analysis stated that the hydrocarbon samples collected from the break site and from the migratory bird were a match.
On July 25th, 2015, ECCC WED executed a search warrant at the Nexen Energy ULC Long Lake facility for the purposes of collecting samples and any impacted migratory birds. A second search warrant was executed on March 24th, 2016, at the head office of Nexan Engery ULC in Calgary, Alberta. Both warrants were executed for the purposes of obtaining documentation related to the investigation.
July 6th, 2017, a joint information was sworn between ECCC WED and Alberta Energy Regulator for alleged violations under the Environmental Protection and Enhancement Act and the Migratory Birds Convention Act (MBCA), 1994 as a result of the July 15th, 2015, spill incident involving Nexen Energy ULC. On July 13th, 2018, Nexen Energy ULC pled guilty to Count 6. |
| Charges: |
Note: Provincial sentencing order and/or charges are not included in this EOR.
Federal charges were:
Count 6
On or between the 13th day of June 2015 and the 15th of July 2015, at or near Anzac, in the Province of Alberta, did deposit a substance harmful to migratory birds in the area frequented by migratory birds, contrary to section 5.1(1) of the Migratory Convention Act, 1994, S.X. 1994 c. 22, thereby committing an offence contrary to section 13(1)(a) of the said Act. |
| Enforcement notification: | Nexen Energy ULC ordered to pay $290,000 fine for a violation of the Migratory Birds Convention Act, 1994 |
| Result: | Guilty Plea |
|---|---|
| Date of conviction: | 2018-07-13 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Depositing or permitting deposit of harmful substance in specified waters, area or place – MBCA 5.1(1) |
| Act | Regulations | Section(s) |
|---|---|---|
| Migratory Birds Convention Act, 1994 | 5.1(1), 13(1) |
| Date of sentencing: |
2018-07-13 |
|---|---|
| Location of sentencing: | Fort McMurray, Alberta |
| Sentence(s): |
|
| Amount of fine(s): | $290,000 |
| Sentencing details: |
On July 13th, 2018, before the Provincial Court of Alberta Criminal Division in the City of Fort McMurray, Alberta, Nexen Energy ULC stands convicted of an offence under the Migratory Birds Convention Act, 1994, S.C. 1994 c. 22 ("the Act") to wit:
Count 6
On or between the 13th day of June 2015 and the 15th of July 2015, at or near Anzac, in the Province of Alberta, did deposit a substance harmful to migratory birds in the area frequented by migratory birds, contrary to section 5.1(1) of the Migratory Convention Act, 1994, S.C. 1994 c. 22, thereby committing an offence contrary to section 13(1)(a) of the said Act.
According to the Agreed Statement of Facts, on July 15th, 2015, the Release was visually discovered. The Release contained a mixture of produced emulsion and boiler feedwater, a substance that has caused or may have caused a significant adverse effect on the environment and is a substance harmful to migratory birds in an area frequented by migratory birds.
Offences under the Act are to be paid to the Environmental Damages Fund and used for purposes related to protecting, conserving or restoring the environment in relation to migratory birds in North Eastern Alberta.
Having regard to the circumstances of the offense and the offender, a fit and appropriate sentence for the offence is a $290,000.00 fine. |