Municipality de Saint-Alphonse De Caplan - conviction information for 2023-11-21
| Corporation name: | Municipality de Saint-Alphonse De Caplan |
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| 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 |
| Location of offense: | GPS Coordinates: 48°11' 6.71'' N 65°32'31.74'' W, Saint-Alphonse de Caplan, Quebec |
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| 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 |
| Result: | Guilty Plea |
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| Date of conviction: | 2023-11-21 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Disturbed and/or destroyed a nest of a migratory bird. |
| Act | Regulations | Section(s) |
|---|---|---|
| Migratory Birds Convention Act, 1994 | Migratory Birds Regulations | 13(3)(b)(i), 6(a) |
| Date of sentencing: |
2023-11-21 |
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| Location of sentencing: | Gaspé, Qc |
| Sentence(s): |
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| 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.
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