Ontario aerosol manufacturer fined for violating the Canadian Environmental Protection Act, 1999
November 13, 2019 – Newmarket, Ontario
The Government of Canada is committed to protecting the health, safety, and environment of Canadians. Environment and Climate Change Canada enforces laws that protect Canada’s air, water, and natural environment, and we take this responsibility very seriously.
On November 12, 2019, K-G Spray-Pak Inc. (of Concord, Ontario) was ordered to pay a fine of $170,000 in the Ontario Court of Justice. The company pleaded guilty to two offences under the Canadian Environmental Protection Act, 1999, including one count of violating the Environmental Emergency Regulations and one count of failing to comply with an environmental protection compliance order. The total fine will be directed to the Government of Canada’s Environmental Damages Fund.
In February 2017, Environment and Climate Change Canada’s enforcement officers launched an investigation, which revealed that K-G Spray-Pak Inc., a manufacturer, marketer, and distributor of aerosol products, had failed to comply with an environmental protection compliance order issued by Environment and Climate Change Canada, in July 2016. The company was subsequently charged when it failed to implement and test environmental emergency plans within the prescribed time limit specified in the compliance order.
Environmental protection compliance orders are issued by Environment and Climate Change Canada’s enforcement officers to put an immediate stop to a violation of the Canadian Environmental Protection Act, 1999, to prevent a violation from occurring, or to require action be taken to address a violation.
As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry.
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As of August 24, 2019, the Environmental Emergency Regulations, 2019 replaced the existing Environmental Emergency Regulations. The changes to the regulations reinforce good environmental emergency management to better protect Canadians and the environment.
The Environmental Emergency Regulations, 2019 require industry to take steps to prevent, prepare for, respond to, and recover from the accidental release of harmful chemicals.
The Regulations require that any person who owns, has the charge of, manages, or controls a regulated substance at or above certain quantities to notify Environment and Climate Change Canada. For higher-risk facilities, an environmental emergency plan must be prepared, brought into effect, and exercised.
Environment and Climate Change Canada’s enforcement officers conduct inspections and investigations, under the Canadian Environmental Protection Act, 1999. They strive to ensure that organizations and individuals comply with relevant environmental protection legislation.
The Environmental Offenders Registry contains information on convictions of corporations for offences committed under certain federal environmental laws.
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