National Capital Commission/Commission de la Capitale nationale - conviction information for 2024-12-12
| Corporation name: | National Capital Commission/Commission de la Capitale nationale |
|---|---|
| Address: | 202-40 Elgin Street |
| City: | Ottawa |
| Province/territory: | Ontario |
| Postal code: | K1P 1C7 |
| Country: | Canada |
| Sector or industry: | 911 - Federal government public administration |
| Location of offense: | Leamy Lake Park, Gatineau, Quebec |
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| Case summary: | In October 2022, wildlife enforcement officers from Environment and Climate Change Canada conducted a compliance inspection of the National Capital Commission’s (NCC) bicycle path development project in Gatineau, Quebec. This inspection was intended to check compliance with a permit issued under the Species at Risk Act (SARA). During the inspection, several instances of non-compliance with the permit’s conditions were identified. As a result of a subsequent investigation, charges were laid against the NCC for contravening the terms of the SARA permit, contrary to the provisions of the Act. |
| Charges: |
Count 1
Between September 19, 2022, and October 26, 2022, killed or harmed an individual of a threatened species, namely the Western Chorus Frog, contrary to subsection 32(1) of the Species at Risk Act, thereby committing a summary conviction offence under subparagraph 97(1.1)(b)(i) of that Act.
Count 2
Between 19 September 2022 and 26 October 2022, damaged or destroyed the residence of one or more individuals of a threatened species, namely the Western Chorus Frog, contrary to section 33 of the Species at Risk Act, thereby committing a summary conviction offence under subparagraph 97(1.1)(b)(i) of that Act.
Count 3
Between 19 September 2022 and 26 October 2022, destroyed a part of the critical habitat of a threatened species, namely the Western Chorus Frog, contrary to paragraph 58(1)(a) of the Species at Risk Act, thereby committing a summary conviction offence under subparagraph 97(1.1)(b)(i) of that Act.
Count 4
Between 19 September 2022, and 19 October 2022, operated a vehicle or machinery off authorized roads in critical habitat of the Western Chorus Frog, in contravention of a condition of permit SARA-QR-2022-0675 issued under subsection 73(1) of the Species at Risk Act, thereby committing a summary conviction offence under subparagraph 97(1.1)(b)(i) of that Act.
Count 5
Between 4 October 2022 and 19 October 2022, deposited rock dust in critical habitat of the Western Chorus Frog, in contravention of a condition of permit SARA-QR-2022-0675 issued under subsection 73(1) of the Species at Risk Act, thereby committing a summary conviction offence under subparagraph 97(1.1)(b)(i) of that Act.
Count 6
Between 19 October 2022 and 25 October 2022, failed to comply with a condition of permit SARA-QR-2022-0675 issued under subsection 73(1) of the Species at Risk Act, namely: exclusion fencing must be continuous and not have gaps, thereby committing a summary conviction offence under subparagraph 97(1.1)(b)(i) of that Act.
Count 7
Between 19 October 2022 and 26 October 2022, stored residual materials in critical habitat of the western chorus frog, in accordance with the conditions of permit SARA-QR-2022-0675 issued under subsection 73(1) of the Species at Risk Act, thereby committing a summary conviction offence under subparagraph 97(1.1)(b)(i) of that Act. |
| Enforcement notification: | The National Capital Commission was ordered to pay a total of $75,000 for having violated the Species at Risk Act |
| Result: | Guilty Plea |
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| Date of conviction: | 2024-12-12 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Causing damage to a critical habitat of the Western Chorus Frog. |
| Act | Regulations | Section(s) |
|---|---|---|
| Species at Risk Act | 73(1) |
| Date of sentencing: |
2024-12-12 |
|---|---|
| Location of sentencing: | Gatineau, Quebec |
| Sentence(s): |
|
| Amount of fine(s): | $75,000 |
| Sentencing details: |
On 12 December 2024, before the Provincial Court of the City of Gatineau, Quebec, the National Capital Commission entered a guilty plea to count 5, an offence under subsection 73(1) of SARA. As a result of this plea, the organization was fined $50,000, payable within 90 days.
In addition to this fine, the court ordered:
1. The payment of an additional $25,000 to the Environmental Damages Fund of Canada, pursuant to subsection 105(h) of SARA, also payable within 90 days; and
2. The implementation of a site restoration order, pursuant to subsection 105(b) of SARA, to restore the environment affected by the violation. |