North Battleford Assessed $80,000 Penalty for Sewage Spills

North Battleford, Saskatchewan – November 2, 2004 – The City of North Battleford pleaded guilty and was assessed a penalty of $80,000 in Provincial Court today for violating the federal Fisheries Act, following an Environment Canada investigation into sewage spills at the North Battleford wastewater treatment plant in 2003.

The penalty includes a $10,000 fine, an additional $20,000 to reimburse Environment Canada for costs related to the case, and $50,000 to be paid to the Environmental Damages Fund. The fund, administered by Environment Canada, is rooted in the “polluter pays” principle, and provides courts a means to ensure that financial penalties are invested to repair environmental damages.

The court also ordered the City to have its new wastewater treatment plant in operation by November 30, 2005, or face a $25,000 fine for every subsequent month that the plant is not in operation.

The City of North Battleford was charged under subsection 36(3) of the Fisheries Act, for sewage spills that occurred on January 16, February 14 and June 14, 2003, and for effluent samples obtained during a July 29, 2003 search and seizure at the treatment plant that were found to be deleterious to fish.

Subsection 36(3) of the Fisheries Act protects fish-bearing waters from the deposit of any substance that is deleterious or harmful to fish and aquatic life. First offences under subsection 36(3) of the Fisheries Act are punishable by a fine of up to $300,000 for each charge. Any subsequent offences are punishable by a fine of up to $300,000, a term of imprisonment of up to six months, or both.

Environment Canada investigates alleged offences under the Fisheries Act and the Canadian Environmental Protection Act, 1999, in order to ensure compliance with legislation and regulations that protect the Canadian environment.

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