Pete Persons Terre Sable & Gravier inc. - conviction information for 2021-02-18
| Corporation name: | Pete Persons Terre Sable & Gravier inc. |
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| Address: | 1157 Principale Street |
| City: | Cowansville |
| Province/territory: | Quebec |
| Postal code: | J2K 1K7 |
| Country: | Canada |
| Sector or industry: | 212 - Mining and quarrying (except oil and gas) |
| Location of offense: | 1140 Knowlton Road, Lac-Brome, Quebec |
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| Case summary: | On 5 June 2019, officers from Environment and Climate Change Canada's Wildlife Enforcement Directorate (WED) carried out inspections at quarries and sand pits in the Estrie region of Quebec to ensure compliance with the Species at Risk Act and to raise public awareness about the protection of Bank Swallows.During these inspections, the officers identified a sand pit with three Bank Swallow nesting sites, two of which were active. The officers informed a heavy equipment operator working for Pete Persons Terre Sable & Gravier Inc. about the presence of the swallows and their nests, emphasizing the importance of ensuring that the company's operations did not disturb the birds or their nests. However, during a follow-up visit on 31 July 2019, the officers observed that two of the nesting sites, including one that had been active in June, had been damaged by heavy machinery. Following an investigation, the company was charged with violating the Species at Risk Act. |
| Charges: |
Count 1
Between 5 June and 31 July 2019, in contravention of subsection 32(1) of the Species at Risk Act (S.C. 2002, c. 29), did kill, harm, or harass one or more individuals of a wildlife species listed as threatened, namely: the Bank Swallow (Riparia riparia), thereby committing an offence punishable on summary conviction under subparagraph 97(1.1)(b)(i) of said Act.
Count 2
Between 5 June and 31 July 2019, in contravention of section 33 of the Species at Risk Act (S.C. 2002, c. 29), did damage or destroy the residence of one or more individuals of a species listed as threatened, namely: the Bank Swallow (Riparia riparia), thereby committing an offence punishable on summary conviction under subparagraph 97(1.1)(b)(i) of said Act. |
| Enforcement notification: | Quebec excavation company sentenced for violating Species at Risk Act by destroying nests of threatened bank swallows |
| Result: | Guilty Plea |
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| Date of conviction: | 2021-02-18 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Damaged or destroyed the residence of one or more individuals of a wildlife species listed as threatened, namely: the Bank Swallow (Riparia riparia). |
| Act | Regulations | Section(s) |
|---|---|---|
| Species at Risk Act | 32(1), 33, 97 (1)a), 97 (1.1)b)(1) |
| Date of sentencing: |
2021-02-18 |
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| Location of sentencing: | Cowansville, QC |
| Sentence(s): |
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| Amount of fine(s): | $15,000 |
| Sentencing details: |
On 18 February 2021, in the provincial court of Cowansville, Quebec, Pete Persons Terre Sable & Gravier Inc. pleaded guilty to both counts and was fined $7,500 for each count, to be paid within 60 days.
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