AAR-CON Excavating - conviction information for 2018-07-27
| Corporation name: | AAR-CON Excavating |
|---|---|
| Address: | 10009 Longwoods Rd |
| City: | London |
| Province/territory: | Ontario |
| Postal code: | N6P 1P2 |
| Country: | Canada |
| Sector or industry: | 236 - Construction of buildings |
| Location of offense: | South Creek residential subdivision, Mount Brydges, Ontario, Mount Brydges, Ontario |
|---|---|
| Case summary: |
On 31 May 2017, Environment and Climate Change Canada (ECCC) received a complaint alleging the destruction of approximately 100 bank swallow nests at a residential construction site in Mount Brydges, Ontario. In response, an enforcement officer from ECCC’s Wildlife Enforcement Directorate (WED) attended the site to conduct an inspection and assess compliance with the Migratory Birds Regulations (MBR). During the site visit, the ECCC-WED officer observed a recently excavated soil berm containing more than 30 intact nest entrance holes. Numerous bank swallows were actively flying in and out of these entrances, indicating ongoing nesting activity. Based on the aforementioned observations and the outcomes of the investigation, M.T. Johnstone Construction Ltd. was formally charged with contravening the provisions of the Migratory Birds Convention Act, 1994 (MBCA). |
| Charges: |
Count 1 Unlawfully hunt a migratory bird (to wit 6 bank swallows) in contravention of subsection 5 (1) of the Migratory Bird Regulations. Count 2 Unlawfully destroyed 2 migratory bird (bank swallow) nests in contravention of subsection 6 (a) of the Migratory Bird Regulations. Count 3 did unlawfully destroy 2 migratory bird (bank swallow) nests shelters in contravention of subsection 6 (a) of the Migratory Bird Regulations. |
| Enforcement notification: | Ontario construction companies fined $20,000 for violating the Migratory Birds Convention Act, 1994 |
| Result: | Guilty Plea |
|---|---|
| Date of conviction: | 2018-07-27 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
|
| Additional details about the nature of the offense: |
Subsection 5(1) - Unlawful kill migratory bird
Subsection 6 (a) - Unlawful destroy nest and nest shelter
|
| Act | Regulations | Section(s) |
|---|---|---|
| Migratory Birds Convention Act, 1994 | Migratory Birds Regulations | 5(1), 6(a) |
| Date of sentencing: |
2018-07-27 |
|---|---|
| Location of sentencing: | London, Ontario |
| Sentence(s): |
|
| Amount of fine(s): | $10,000 |
| Sentencing details: |
On 27 July 2018, M.T. Johnstone Construction Ltd. pleaded guilty before the Ontario Court of Justice to Counts 1 and 2 for violations of the Migratory Birds Regulations under the Migratory Birds Convention Act, 1994. Count 3 was withdrawn. The court imposed a fine of $5,000 per count, for a total of $10,000, which was directed to the Government of Canada’s Environmental Damages Fund.
|