North West Redwater Partnership paid $280,428 to the Environmental Damages Fund as part of an environmental protection alternative measures agreement under the Canadian Environmental Protection Act, 1999
January 26, 2024 – Fort Saskatchewan, Alberta – Environment and Climate Change Canada
As a result of an environmental protection alternative measures agreement with the Attorney General of Canada, CNR (Redwater) Limited and North West Refining Inc., operating as the North West Redwater Partnership, has paid a total of $280,428 to the Government of Canada’s Environmental Damages Fund. The agreement was entered into as an alternative to prosecution for a charge laid by Environment and Climate Change Canada. The charge, which has since been stayed, was for the alleged negligent filing of a document containing false or misleading information in contravention of the Canadian Environmental Protection Act, 1999.
The Renewable Fuels Regulations under the Canadian Environmental Protection Act, 1999 require primary fuel suppliers to meet a specific threshold of renewable fuel content when producing or importing fuel. Suppliers are also required to submit an annual report to Environment and Climate Change Canada reflecting the amount of renewable fuel content generated. These reports must then be audited by a third-party company.
In April 2019, North West Redwater Partnership submitted its annual report for the Sturgeon Refinery to Environment and Climate Change Canada for 2018, indicating that the company had met the required threshold of renewable fuel content. A third-party audit later determined that the company had overreported the amount of renewable fuel dispensed. Further review by North West Redwater Partnership revealed that the fuel meters were recording higher volumes of renewable fuel than were actually dispensed. When compared with the reported renewable fuel content, the audit discovered that the company had dispensed 721,712 fewer units of renewable fuel than was reported. The difference in units represents a monetary value of $180,428.
The total payment to the Environmental Damages Fund includes this monetary value, plus an additional $100,000. As a condition of the environmental protection alternative measures agreement, the company presented the facts and outcomes of this case at an environmental conference. The company also reviewed its policies, procedures, and Renewable Fuels Regulations compliance program and reported on progress to Environment and Climate Change Canada every 90 days for one year.
Quick facts
- Environment and Climate Change Canada is responsible for administering and enforcing the Canadian Environmental Protection Act, 1999 and its regulations, including the Renewable Fuels Regulations.
- Under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999, it is an offence to negligently provide any person with any false or misleading information, results, or samples relating to this Act and its regulations.
- The Renewable Fuels Regulations require primary suppliers of diesel fuel to produce renewable fuel at a volume of at least two percent of the primary supplier's total pool for each calendar year. Using a trading system, companies may trade or purchase renewable fuel compliance units from others participating in the system.
- An environmental protection alternative measures agreement is an alternative to a prosecution after a charge has been laid. Generally, the purpose of alternative measures is to promote a sense of responsibility in the alleged offender and an acknowledgment of the harm done, as well as to satisfy the important objectives of deterrence and denunciation.
- Created in 1995, the Environmental Damages Fund is a Government of Canada program administered by Environment and Climate Change Canada. The Fund directs monies received from fines, penalties, court orders, and voluntary payments to projects that will repair environmental damage or benefit the environment. The Fund aims to invest in areas where the environmental damage occurred.
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