Newfoundland and Labrador company fined $25,000 for an offence under Canadian Environmental Protection Act, 1999

From: Environment and Climate Change Canada

The transportation sector is a major source of air pollution in many communities across Canada. Reducing pollution is good for Canada’s economy, our health and our wellbeing. Environment and Climate Change Canada enforces laws that protect Canada’s air, water, and natural environment, and we take this responsibility very seriously.

On September 21, 2020, Budgell’s Sports & Marine Limited was ordered to pay a fine of $25,000 in the Provincial Court of Newfoundland and Labrador, after pleading guilty to violating Section 153 of the Canadian Environmental Protection Act, 1999. In addition to the monetary penalty, the Court ordered that five engines imported without the appropriate documentation be destroyed.

Between February 8, 2018, and November 18, 2018, Budgell’s Sports & Marine Limited imported several pieces of heavy equipment but were unable to provide “evidence of conformity” documentation to verify that the engines within the equipment conform to the appropriate emission standards for importation into Canada. This is a contravention of subsection 153(1) of the Act, and is thereby an offence contrary to subsection 272(1).

In September 2018, Environment and Climate Change Canada’s enforcement officers conducted an inspection at Budgell’s Sports & Marine Limited in Triton, Newfoundland and Labrador. After reviewing reports, photographs and videos taken during the inspection, enforcement officers initiated an investigation and subsequently determined that the company had imported a number of pieces of heavy equipment, including wheel loaders, excavators and backhoes, for which the necessary documentation for the engines could not be provided. Analysis of the engines confirmed that the heavy equipment contained engines which are not compliant with the emissions standards under the Off-Road Compression-Ignition Engine Emission Regulations, enacted under the Canadian Environmental Protection Act, 1999.

The total fine will be directed to the Government of Canada’s Environmental Damages Fund.

As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry.

Environment and Climate Change Canada has created a free subscription service to help Canadians stay current with what the Government of Canada is doing to protect our natural environment.

Quick facts

  • The Canadian Environmental Protection Act, 1999 governs a variety of environmental matters such as air and water pollution, waste management and toxic substances. Environment and Climate Change Canada’s enforcement officers conduct inspections and investigations, under the Act. They strive to ensure that organizations and individuals comply with relevant environmental protection legislation.

  • Created in 1995, the Environmental Damages Fund is a Government of Canada program administered by Environment and Climate Change Canada. The Fund ensures that court-awarded penalties are used to support projects that benefit the environment.

  • The Environmental Offenders Registry contains information on convictions of corporations for offences committed under certain federal environmental laws.

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