Canadian
Horizontal Drilling Ltd. Charged with Failure
to Comply with 2004 Court Order, in Violation
of the Fisheries Act
EDMONTON, August 11, 2006 –
Canadian Horizontal Drilling Ltd. of Wetaskiwin,
Alberta, has been charged in Alberta Provincial
Court with one count of violating Section 79.6
of the Fisheries Act for allegedly failing to
comply with a court order. This current charge
relates back to Canadian Horizontal Drilling Ltd.'s
original conviction and sentence from March 8,
2004 where Canadian Horizontal Drilling Ltd. pleaded
guilty to a violation under subsection 36(3) of
the Fisheries Act, which protects fish-bearing
waters from the deposit of any substance that
is deleterious to fish and aquatic life.
In December 2000, when Canadian
Horizontal Drilling Ltd. was installing a pipeline
under Gunderson Creek for Anderson Exploration
Ltd, drilling mud was released into the creek,
a spawning ground for bull trout. Drilling mud
is harmful to fish and destroys fish habitat.
Charges under subsection 36(3) of the Fisheries
Act were subsequently laid in December 2002, after
an investigation by Environment Canada.
As a result, Canadian Horizontal
Drilling Ltd. received a Sentencing Order from
the court pursuant to section 79.2 of the Fisheries
Act requiring that Canadian Horizontal Drilling
Ltd. pay a penalty of $25,000 including a contribution
of $20,000 towards the Environmental Damages Fund.
This fund is administered by Environment Canada
and is used to help restore ecosystems. Canadian
Horizontal Drilling Ltd. was also ordered to comply
with voluntary industry guidelines for horizontal
directional drilling which minimize the environmental
impact of these activities.
The Court Order also required
Canadian Horizontal Drilling Ltd. to publish an
article by the end of September 2004 in a publication
widely available to the horizontal drilling industry
in Alberta. The article was to relate directly
to the offence committed in the initial December
2000 drilling project. Canadian Horizontal Drilling
Ltd. has allegedly failed to publish the article,
resulting in this further charge being laid.
Environment Canada investigates
alleged offences under the Canadian Environmental
Protection Act, 1999 and the Fisheries Act, in
order to ensure that companies, governments, their
employees and the general public comply with legislation
and regulations that protect Canada's environment.
Ryan Levitt
