Charges Laid in Connection with Symes Creek Pollution

PRINCE GEORGE, British Columbia - December 13, 2004 – West Fraser Timber Co. Ltd., and West Fraser Mills Ltd., were charged on December 9^th with eight counts for alleged violations of federal and provincial environmental protection legislation at their Eurocan Pulp & Paper Company mill in Kitimat, B.C. The charges include one count for violating the pollution prevention provisions of the Fisheries Act, two counts for violating the pollution provisions of the Migratory Birds Regulations and Migratory Birds Convention Act, 1994, and five counts for violations of the British Columbia Waste Management Act. The alleged offenses took place between December 10 and 13, 2002.

The charges were laid as a result of an extensive investigation conducted by officers from Environment Canada, the British Columbia Conservation Officer Service, and Fisheries and Oceans Canada. It is alleged that a spill of pulp mill effluent containing weak black liquor was deposited into Symes Creek, which is a fish-bearing water located near Kitimat, British Columbia. Weak black liquor is used during the production of paper products and is deleterious to fish and aquatic life.

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 offence. Subsequent offences are punishable by a fine of up to $300,000, a term of imprisonment of up to six months, or both.

In the case of a corporation, a penalty under section 13(1) of the Migratory Birds Convention Act, 1994, is punishable on summary conviction and is liable to a fine of up to $100,000.00.

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