September 16, 2013
Parry Sound, Ontario – On August 22, 2013, the Ontario Ministry of Transportation received a total penalty of $95,000 for violating two counts of the federal Fisheries Act. The charges stem from a road washout in April 2008 just east of the community of Orrville on Highway 518, which sent an estimated 8000 tonnes of road materials spilling into the Seguin River system. The sediment plume extended 40 kilometers downstream into Georgian Bay, causing a significant negative impact on fish and fish habitat.
The high volume of sediment and materials, and the resulting plume, was determined to be the result of improper maintenance of a plugged and deteriorating culvert, and was triggered by the rise of melt waters, snow and ice. The Ontario Ministry of Transportation was responsible for this culvert, which has since been repaired.
The Saguin River system is home to a number of fish species, including Walleye, Pike and Bass, and is an important recreational fishery in the region.
Following an investigation by Fisheries and Oceans Canada, Fishery Officers laid charges on March 31, 2010.
In June 2013, the Ontario Court of Justice determined the Ontario Ministry of Transportation to be guilty on two counts under the Fisheries Act: 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 sentencing decision was deferred until August 22, 2013.
The court ordered the Ontario Ministry of Transportation to pay a total of $95,000, of which $75,000 will be directed to the Environmental Damages Fund, and the remaining $20,000 is the court fine.
By directing funds to the Environmental Damages Fund, individuals and interest groups are able to apply for projects that restore the natural environment and conserve wildlife, with priority going to the geographic region where the original incident occurred. The Environmental Damages Fund is administered by Environment Canada, and applications can be found online. The Fund was created to provide a mechanism for directing funds received as a result of fines, court orders, and voluntary payments to priority projects that will benefit our natural environment.
For more information on the fund, please visit: http://www.ec.gc.ca/edf-fde/
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