Successful Enforcement Investigation Results in Court Fine Earmarked for Wildlife Protection

VANCOUVER, British Columbia – April 21, 2004 - Metalex Products Ltd. of Richmond B.C. appeared in B.C. Provincial Court (Surrey) yesterday and pled guilty to one count under subsection 185(1) of the Canadian Environmental Protection Act, 1999 (CEPA 1999) for unlawfully importing a hazardous waste, scrap lead shot, into Canada.

The Court fined the company $500 and ordered it to pay $4,500 to the Environmental Damages Fund, administered by Environment Canada. The money will be used to assist in a study to determine the cause of lead poisoning of trumpeter swans in the Fraser Valley.

Environment Canada laid the charges after conducting an investigation into the importation of scrap lead shot into Canada at the Pacific Highway border crossing. The Canadian Border Services Agency stopped the transport truck on April 17, 2003 as it attempted to enter Canada. In accordance with an inter-departmental agreement between the two agencies, Customs Officers immediately contacted Environment Canada Enforcement Officers who responded to inspect the shipment.

Subsequent analysis confirmed that the 27 drums of material contained lead shot, contaminated sand and slag material considered to be a hazardous waste under the Export and Import of Hazardous Waste Regulations of CEPA 1999. Metalex Products Ltd. is a commercial recycler and was attempting to import this waste for recycling in their lead smelting plant. Environment Canada had not been notified, and, thus, no import permit had been issued to import this shipment, as required by the legislation.

Environment Canada administers and enforces CEPA 1999 and the Export and Import of Hazardous Waste Regulations, in order to ensure that hazardous waste imported to or exported from Canada is disposed of and recycled in a proper and safe manner for the environment and human health.

The Environmental Damages Fund is rooted in the “polluter pays” principle, ensuring that polluters take responsibility for their actions. The Fund also gives courts a way to guarantee that the money from penalties imposed under CEPA 1999 and the pollution prevention provisions of the Fisheries Act is invested to repair environmental damages.

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