Sundridge, ON – 

Ontario Court of Justice ordered Carillion Canada Inc. to pay a total penalty of $250,000 for violating two counts of the Fisheries Act.

The sentencing decision follows plea agreements entered into the Ontario Court of Justice on September 24, 2013 by both Carillion Canada Inc. and the Ontario Ministry of Transportation. Both organizations pleaded guilty in the Ontario Court of Justice to one count of violating Section 35(1) for “the harmful alteration, disruption, or destruction of fish habitat”, and one count of violating Section 36(3) for “depositing or permitting the deposit of a deleterious substance into waters frequented by fish.” 

The violations stem from repeated sediment spills, and the subsequent destruction of fish habitat in Stirling Creek, which is part of the the Magnetawan River watershed near Parry Sound, as a result of construction activities between March and April 2011 along Highway 11 between Burk’s Falls and Sundridge. Carillion Canada Inc. had been awarded the construction contract by the Ontario Ministry of Transportation for the highway expansion. 

Following a full investigation by Fisheries and Oceans Canada, chargeswere laid against Carillion Canada Inc., and the Ontario Ministry of Transportation. The charges followed the repeated deposits of sediment into the Magnetawan River watershed due to insufficient sediment and erosion control measures.

The sentencing decision for the Ontario Ministry of Transportation took place on September 24, 2013, when it was also ordered to pay a total penalty of $250,000.

The Stirling Creek system is home to brook trout, as well as many other fish and aquatic species, which comprise the basis of an important recreational fishery in the area. The sediment deposits had a significant impact on the fish and fish habitat in this system.

Of the penalty to be paid by Carillion Canada, $225,000 will be directed into the Environmental Damages Fund, with the funds to be disbursed under the direction of theNorth Bay Mattawa Conservation Authority and the Greater Nippissing Stewardship Council. Projects permitted under this $225,000 funding will promote the conservation and protection of fish and fish habitat, and will require the approval of Fisheries and Oceans Canada to proceed. 

The remaining $25,000 is the court fine. 

The Government of Canada is committed to safeguarding the long-term health and productivity of Canada’s fisheries resources, and the habitat that supports them, for generations to come. Fisheries and Oceans Canada has a mandate to protect and conserve marine resources and to prosecute offenders under the Fisheries Act. It ensures and promotes compliance with the Act and other laws and regulations through a combination of land, air, and sea patrols, as well education and awareness activities.

Src:news.gc.ca