Guilty plea in Pennask Creek pollution offenses

News Release

BC Ministry of Transportation Ordered to Pay More than $46,000
Kelowna, BC – September 27, 2005 The British
Columbia Ministry of Transportation appeared today in Provincial Court and
plead guilty to two counts under the federal Fisheries Act for depositing a
deleterious substance into Pennask Creek. The Ministry was fined $1,000.00
and ordered to pay $45,000.00 to the Environmental Damages Fund for use in
rehabilitation of the Pennask watershed. Additionally, the Court ordered that
the Ministry conduct an ongoing monitoring program of water quality in the
area.
These charges stem from the exposure of a high pyrite rock formation near
Pennask Summit during construction of Highway 97C (the Okanagan Connector)
from 1987-90. This exposure resulted in significant acid rock drainage into
an unnamed tributary (commonly known as Highway Creek), and then into Pennask
Creek.
Pennask Creek is one of B.C.’s most important trout-bearing streams,
and provides brood stock for all Southern Interior B.C. lakes. According to
a November 2001 report commissioned by the B.C. Ministry of Transportation,
the annual value in fish production in this system is estimated at $30 million.

The British Columbia Ministry of Transportation was originally charged with
ten counts under subsection 36(3) of the federal Fisheries Act on May 27,
2004. The remaining counts were stayed by the Crown.

The federal Fisheries Act prohibits the deposit of any deleterious substance
into water frequented by fish. Environment Canada is mandated to enforce and
administer the pollution prevention provisions of the Fisheries Act, as well
as other federal environmental legislation. The federal Fisheries Act allows
for fines of up to $300,000 per offence and, upon conviction, a variety of
Court Orders are available to the courts.

The Environmental Damages Fund was created in 1995 to provide courts and companies
with a way to ensure that the money from pollution fines and settlements would
be directly invested in repairing the harm done by pollution. It helps ensure
the "polluter pays" principle is applied and that polluters take
responsibility for their actions.
For more information, please contact:
John Dyck
Head, Investigations Section (Vancouver)
Environment Canada
(604) 666-3647
Janet Butler
Regional Communications Advisor
Environment Canada
(604) 713-9525

Search for related information by keyword

Environment and Climate Change Canada Nature and Environment Law

Page details

2016-12-15

We have archived this page and will not be updating it.

We have archived this page and will not be updating it.

Guilty plea in Pennask Creek pollution offenses

News Release

Page details