Environmental protection alternative measures final report: Sonaca Montréal Inc.

Report to the court under subsection 300(2)
Canadian Environmental Protection Act (1999)

Statutes of Canada (1999)
Chapter 33

 

The Queen
v.
Sonaca Montréal Inc.

 

Record No. QUE-130724-001
700-73-001428-152

Date of agreement: August 31, 2015
Date agreement ended: August 31, 2016

Environmental Enforcement Directorate
Quebec Region

coat of arms

1.0 Report under subsection 300(2)

1.1 Summary of the agreement

On April 17, 2015, charges were laid against Sonaca Montréal Inc. in the Saint-Jérôme Palais de Justice. The charges laid consisted of four counts of violating the Chromium Electroplating, Chromium Anodizing & Reverse Etching Regulations, SOR/2009-162, thereby committing the offences set out in paragraphs 272(1)(h) and 272.1(1)(f) of the Canadian Environmental Protection Act, 1999 (CEPA).

On August 31, 2015, the Public Prosecution Service of Canada prosecutor and the defendant formally signed an environmental protection alternative measures agreement. The agreement, which can be found at the end of this document, includes four measures.

  • Sonaca Montréal Inc. will make a twenty-five thousand dollar ($25,000) contribution to the Receiver General of Canada, in trust, for the Environmental Damages Fund, administered by the Regional Director General of Environment Canada, Quebec Region, upon signature of this agreement. Environment Canada must be provided with proof of payment of the contribution.
  • Within four months after the agreement is signed, Sonaca Montréal Inc. will provide Environment Canada with a report on the devices put in place to ensure compliance with federal environmental acts and regulations.
  • Every three months, Sonaca Montréal Inc. will send a report on the inspection and maintenance of emission control devices in accordance with s. 6 of the Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations, as of the first inspection following the agreement for up to a year following the date of the agreement.
  • In the twelve (12) months following the date of the agreement, Sonaca Montréal Inc. must provide its directors and executives with training on the penal and criminal consequences of violations of environmental protection legislation. The company must provide Environment Canada with proof that it has given the training. Any training that meets the criteria of this section given to directors and executives before the date of the agreement will be deemed to be given in the 12-month period following the agreement.

1.2 Results

Following checks conducted by Environment and Climate Change Canada enforcement officers, it was established that Sonaca Montréal Inc. had complied with each measure as set out in the agreement, in accordance with the dates specified therein.

  1. The payment of the contribution was made on August 31, 2015, upon signature of the agreement. The proof of payment was provided to Environment and Climate Change Canada.
  2. On September 25, 2015, Sonaca Montréal Inc. provided a report on the devices put in place to ensure compliance with federal environmental acts and regulations. The report was provided to Environment and Climate Change Canada on November 27, 2015.
  3. The reports on the inspection and maintenance of emission control devices in accordance with section 6 of the Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations were provided on the following dates: November 11, 2015, January 18, 2016, April 7, 2016, and July 12, 2016, all to the satisfaction of Environment and Climate Change Canada.
  4. On December 2, 2015, Sonaca Montréal Inc. provided its directors and executives with training on the penal and criminal consequences of violations of environmental protection legislation. On April 7, 2016, the list of individuals who had participated in the training was provided to Environment and Climate Change Canada.

1.3 Conclusion

Since all the measures described in the environmental protection alternative measures agreement, entered into on August 31, 2015, between the Attorney General of Canada and Sonaca Montréal Inc., were complied with to the satisfaction of Environment and Climate Change Canada, it is recommended that the prosecutor ask the court to withdraw the charges. No action under section 302 of the CEPA will be taken.

Under section 301 of the CEPA, a copy of the agreement and this report, or a notice that the agreement and this report have been filed with the court and are available to the public, shall be included in the environmental registry.

 

Sandra Lalande
Enforcement Officer
Environmental Enforcement Directorate – Québec
Environment and Climate Change Canada
105, McGill St. 3rd Floor
Montréal (QC) H2Y 2E7
sandra.lalande@canada.ca
Telephone: 514-283-0625

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