Municipality de Saint-Alphonse De Caplan - conviction information for 2023-11-21

Corporation details
Corporation name: Municipality de Saint-Alphonse De Caplan
Address: 127 Principale East
City: Saint-Alphonse de Caplan
Province/territory: Quebec
Postal code: G0C 2V0
Country: Canada
Sector or industry: 913 - Local, municipal and regional public administration
Case details
Location of offense: GPS Coordinates: 48°11' 6.71'' N 65°32'31.74'' W, Saint-Alphonse de Caplan, Quebec
Case summary: In August 2021, following a public complaint, Environment and Climate Change Canada wildlife enforcement officers initiated an investigation into the alleged destruction of swallow nests in a sandpit operated by the Municipality of Saint-Alphonse, Quebec. The investigation determined that a heavy equipment operator employed by the Municipality had destroyed Bank Swallow nests in July 2021 while conducting sandpit activities where a colony of these birds was nesting. The Municipality of Saint-Alphonse was subsequently charged for infringing section 6(a) of the Migratory Birds Regulations.
Charges:

Count 1

 

During the month of July 2021, disturbed or destroyed a nest of a migratory bird (Bank Swallow) contrary to subsection 6(a) of the Migratory Birds Regulations, thereby committing an offence on summary conviction under subparagraph 13(3)(b)(i) of the Migratory Birds Convention Act, 1994.

Enforcement notification: A municipality and an individual ordered to pay a total of $36,000 for destroying nests of endangered Bank Swallows
Conviction
Result: Guilty Plea
Date of conviction: 2023-11-21
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Other
Additional details about the nature of the offense: Disturbed and/or destroyed a nest of a migratory bird.
Legislative details
Act Regulations Section(s)
Migratory Birds Convention Act, 1994 Migratory Birds Regulations 13(3)(b)(i), 6(a)
Sentencing
Date of sentencing: 2023-11-21
Location of sentencing: Gaspé, Qc
Sentence(s):
  • Fine,
  • Penalty for the EDF
Amount of fine(s): $30,000
Sentencing details:
On 21 November 2023, before the Provincial Court of Quebec in Gaspé, the municipality of Saint-Alphonse de Caplan pleaded guilty to the offence in question and was fined $30,000, payable to the Canada Environmental Damages Fund.
Date modified: