Topwin Trading Co Ltd - conviction information for 2019-03-04
| Corporation name: | Topwin Trading Co Ltd |
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| Address: | 2140 - 11180 River Rd |
| City: | Richmond |
| Province/territory: | British Columbia |
| Postal code: | V6X 1Z5 |
| Country: | Canada |
| Sector or industry: | 414 - Personal and household goods merchant wholesalers |
| Location of offense: | Vancouver Port Authority Centerm Terminal, Vancouver, British Columbia |
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| Case summary: | On March 30th, 2016, Topwin Trading Co Ltd imported into Vancouver, BC without any permits Dieda Wanhua Herbal Oil which contains the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) listed plant Bletilla striata. A total of 10,200 bottles of 50 ml each were imported in 51 boxes. The product was clearly labelled as containing Bletilla striata. Bletilla striata is a species of orchid that is found throughout Asia. All orchids species are listed in the CITES. Wildlife Officers inspected the shipment and seized the Deida Wanhua Herbal Oil. As a result, Topwin Trading Co. Ltd. was formally charged with contravening the provisions of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). |
| Charges: |
Count 1
Topwin Trading Co Ltd, on or about the 30th day of March, 2016, at or near the City of Vancouver, Province of British Colombia, did import into Canada a part or derivative of a plant, to wit: Dieda Wanhua Herbal Oil which contained a part or derivative of Bletilla striata, otherwise than under the authority of and in accordance with a permit issued pursuant to section 10(1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, in violation of section 6(2) of this Act, and did thereby commit an offence contrary to section 22(1)(a) of the Act. |
| Enforcement notification: | B.C. company ordered to pay $50K in penalties for illegally importing products containing a protected orchid species |
| Result: | Guilty Plea |
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| Date of conviction: | 2019-03-04 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: |
| Act | Regulations | Section(s) |
|---|---|---|
| Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act | Section 6(2), 22(1)(a) |
| Date of sentencing: |
2019-03-04 |
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| Location of sentencing: | Vancouver, British Columbia |
| Sentence(s): |
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| Amount of fine(s): | $50,000 |
| Sentencing details: |
On March 4th, 2019, before the Provincial Court of Vancouver, British Columbia, the corporation Topwing Trading Co Ltd pleaded guilty to the offence of importing a part of a plant without a permit; and was sentenced to pay a fine of $5,000 and pay $45,000 to the Environmental Damages Fund of Canada. The herbal oil that was seized during the investigation was subsequently forfeited to the Crown in accordance with applicable legal provisions.
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