14/06/2005 – Newfoundland
Recycling Limited was sentenced for a breach
of the federal Fisheries Act in connection
with the sinking of the fishing trawler San
Won Ho at the former ERCO wharf in Long Harbour.
The company pleaded guilty to a violation
that occurred in April of 1999, when a quantity
of marine diesel was released into the waters
in Long Harbour after the trawler sank. Under
the federal Fisheries Act, it is an offence
to deposit, or to permit the deposition, of
a deleterious substance into water frequented
by fish.
Judge Colin Flynn, of the Provincial Court
of Newfoundland and Labrador, ordered the
Newfoundland Recycling Limited to pay a penalty
of $15,000, which includes a court fine of
$10,000 and a payment of $5000 into the Environmental
Damages Fund.
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. The money
in the Fund is allocated to local organizations,
and typically they find various partners that
contribute additional money and other resources.
Environment Canada investigates potential
pollution offences under the Canadian Environmental
Protection Act, 1999 and Canada's Fisheries
Act. They help ensure that companies, government
employees and the general public comply with
legislation and regulations that protect Canada's
environment.
