Prosecutions under the Environmental Protection and Enhancement Act and Water Act

As of February 17, 2012

NOTE: Active prosecutions involve allegations which have not been proven in Court


Charged is: Lilydale Inc.
Next court appearance: March 1, 2012 in Calgary Provincial Court
Date charges laid: September 8, 2011
Date of alleged offence: September 13, 2009
Description: Allegedly releasing a substance that could have caused a significant adverse effect and for failing to make a timely report of the release to Alberta Environment.
Contravention: Environmental Protection and Enhancement Act, Sections 109(2) and 110(1)(a)


Charged is: Permolex Ltd.
Next court appearance: March 19, 2012 in Red Deer
Date charges laid: July 13, 2009
Date of alleged offence: July 23, 2007
Description: Improper disposal of waste water
Contravention: Environmental Protection and Enhancement Act, section 227(e)


Charged is: McColman & Sons Demolition Ltd. and Alan Gerald McColman
Next court appearance: April 4, 2012 in Edmonton Provincial Court
Date charges laid: August 24, 2011
Date of alleged offence: On or between May 5, 2009 and May 10, 2010
Description: Allegedly knowingly operating a landfill without proper authorization and altering a wetland without an approval.
Contravention: Environmental Protection and Enhancement Act, Sections 60, 61, 88. Water Act Sections 142(1)(h) and 142(2)(f)


Charged is: SemCams ULC
Next court appearance: April 23, 2012 in Fox Creek Provincial Court
Date charges laid: February 13, 2012
Date of alleged offence: August 7-10, 2010
Description: Allegedly releasing a substance that caused a significant adverse effect; for failing to make a timely report of the release to Alberta Environment and Water; for failing to take all reasonable measures to repair, remedy and confine the effects of the substance; and for failing to take all reasonable measures to remediate, manage, remove or otherwise dispose of the substance in such a manner as to prevent an adverse effect or further adverse effect.
Contravention: Environmental Protection and Enhancement Act, Sections 109(2); 110(1); 112(1)(a)(i); and 112(1)(a)(ii)


 Charged is: All-Can Engineering and Surveys Ltd.
Next court appearance: June 4, 2012 in Red Deer Provincial Court
Date charges laid: February 23, 2011
Date of alleged offences: September, 2009, December 2009
Description: Allegedly commencing an activity without authorization and failing to provide information required under the Water Act
Contravention: Water Act, sections 142 (1)(i) and 142(1)(b)


Charged is: Dale Mather
Next court appearance: June 11, 2012 in Red Deer Provincial Court
Date charges laid: March 24, 2011
Date of alleged offence: September 2009
Description: Allegedly removing aquatic vegetation from the bed and shore of Gull Lake without proper authorization
Contravention: Water Act, sections 142(2)(f) and 142(1)(h)


Charged is: Diversified Transportation Ltd.
Next court appearance: June 25, 2012 in Fort McMurray
Date charges laid: March 24, 2011
Date of alleged offence: March 2009
Description: Allegedly failing to store hazardous waste and hazardous recyclables properly
Contravention: Waste Control Regulation, sections 11(1)(b), 11(1)(c), 18(1)(b), and18(1)(c)


Charged is: Diversified Transportation Ltd. and Martin Paul Taylor
Next court appearance: June 25, 2012 in Fort McMurray
Date charges laid: March 24, 2011
Date of alleged offence: May and June 2009
Description: Allegedly failing to provide information requested by an investigator, allegedly interfering with an investigation, and allegedly firing an employee for providing information to a person enforcing federal or provincial law
Contravention: Environmental Protection and Enhancement Act, sections 209, 227 (c), 228(2), and 251. Criminal Code of Canada, sections 425.1(1)(b) and and139(2)


Charged is: Diversified Transportation Ltd., Martin Paul Taylor, and Mark Clare Hannah
Next court appearance: June 25, 2012 in Fort McMurray
Date charges laid: March 24, 2011
Date of alleged offence: June 2009
Description: Allegedly instructing an employee not to provide documents and allegedly obstructing justice
Contravention: Environmental Protection and Enhancement Act, sections 209, 228(2), and 251. Criminal Code of Canada, section 139(2)


*Please check with local courts as dates are subject to change at any time

Closed files since January 1, 2009

Charged was: Bob Smith and Smith's Service (Lougheed) Ltd.

Date charges laid: July 19, 2011
Date of alleged offence: July 22, 2010
Description: Allegedly burning prohibited debris without obtaining appropriate approval
Contravention: Environmental Protection and Enhancement Act, Section 60 and 61

Central Alberta company pleads guilty to burning prohibited debris

  • Statement of facts (pdf)
  • Creative sentence order (pdf)

Charged was: Statoil Canada Ltd.
Date charges laid: February 9, 2011
Date of alleged offence: 2008 and 2009
Description: Allegedly contravening parts of its water license and providing false or misleading information regarding water withdrawals
Contravention: Water Act, sections 142(1) and 142(2)

Oil company penalized for contravening its water licence


Charged was: Devon Canada Corporation and All-Can Engineering and Surveys Ltd.
Date charges laid: February 23, 2011
Date of alleged offence: September 2009
Description: Failed to provide information required under the Water Act
Contravention: Water Act, sections 142 (1)(i) and 142(1)(b)

Company fined for not identifying a waterbody prior to construction


Charged was: Canessco Services Inc. and Mark Richard Fairbridge
Date charges laid: April 22, 2009
Date of alleged offence: Ranging from May 16, 2007 to December 2, 2008
Description: Improper disposal of hazardous waste
Contravention: Environmental Protection and Enhancement Act, section 228(2), 191(a), 191(c), 192

Company fined for failing to prepare hazardous waste documentation


Charged was: Western Biodiesel Inc. and Jason Freeman (Jointly)
Date charges laid: October 20, 2010
Date of alleged offence: October 25-30, 2008
Description: Release of a hazardous substance into the environment, improper disposal of wastewater and biodiesel, failure to report the releases and providing false or misleading information
Contravention: Environmental Protection and Enhancement Act, section 227 (a), (b), ( c ), (e) and (j) and Waste Control Regulation, section 42

Biodiesel company fined for methanol release


Charged was: Tiger Calcium Services Inc.
Date charges laid: July 14, 2010
Date of alleged offence: March 2008
Description: Providing false and misleading groundwater monitoring information. Additional charges laid under the Criminal Code of Canada relating to forging monitoring data and knowingly providing it as genuine.
Contravention: Environmental Protection and Enhancement Act, section 227, Criminal Code of Canada, sections 367, 368

Edmonton calcium supplier fined for environmental violations


Charged was: JOVNIC Ltd., Mac-Sie Equipment Rentals Inc., Mac-Sie Sales & Rentals Ltd., Northern Industrial Carriers Ltd. and Simon Patrick Sochatsky
Date charges laid: May 21, 2010
Date of alleged offence: September 27, 2007 and June 2, 2008
Description: commence or continue an activity without an approval
Contravention: Water Act, section 142(1)(h) and 142(2)(f)

Edmonton land developer fined for altering water body


Charged was: Suncor Energy Inc.
Date charges laid: September 8, 2010
Date of alleged offence: Sept. 28, 2007 to Sept. 15, 2008
Description: Non-compliance with their Water Act approval and diversion license, and non-compliance with the Environmental Protection and Enhancement Act for providing false and misleading information to Alberta Environment relating to surface water drainage and runoff at the East Tank Farm site.
Contravention: Water Act, section 142(1)(e) and Environmental Protection and Enhancement Act, section 227(b)

Oil sands company pleads guilty to environmental charge


Charged was: M Pidherney's Trucking Ltd.
Date charges laid: November 17, 2009
Date of alleged offence: Between May 25, 2009 and June 4, 2009
Description: Burning prohibited debris without an approval
Contravention: Environmental Protection and Enhancement Act, section 227(j)

Trucking company fined for burning prohibited debris


Charged was: Syncrude Canada Ltd.
Date charges laid: February 6, 2009
Date of alleged offence: April 28, 2008
Description: Failure to have appropriate waterfowl deterrents in place at a tailings pond
Contravention: Environmental Protection and Enhancement Act, section 227 (j)

Environment Minister Renner responds to Syncrude verdict


Charged was: Petenco Resources Ltd.
Date charges laid: September 8, 2009
Date of alleged offence: Between January and March 2008
Description: Releasing a substance that caused an adverse effect to the environment, failing to report the release and failing to properly clean up after a release.
Contravention: Environmental Protection and Enhancement Act, section 110(1), 112(1)(ii), 109 (2).

Drayton Valley company fined for improper waste disposal


Charged was: Dunvegan Gardens (AB) Ltd. and Bradley Vere Friesen
Date charges laid: November 23, 2009
Date of alleged offence: Between June 1, 2007 and September 31, 2007; between June 1, 2008 and August 18, 2008
Description: Diversion of water without a license
Contravention: Water Act, Section 142(2)(e); Section 142(1)(h)

Company fined for illegal water diversion from Clearwater River


Charged was: Harvest Operations Corporation and Harvest Energy Trust
Date charges laid: March 11, 2009
Date of alleged offence: March 14 – 19, 2007
Description: Release of sour emulsion into a wetland and failure to properly report the release
Contravention: Environmental Protection and Enhancement Act, section 109(2), 227 (j), 110(1)

Company fined for unauthorized release of oil


Charged was: Quartz Land & Developments Ltd., Mark MacNaughton and Donald Peters (Jointly)
Date charges laid: June 11, 2009
Date of alleged offence: Between September 1, 2007 and November 30, 2007, inclusive
Description: Commencing or continuing an activity without an approval and without proper authorization, relating to unauthorized activity to water bodies near Stettler
Contravention: Water Act, section 142(1)(h), 142(2)(f)

Company fined for unauthorized changes to water bodies


Charged was: Quatro Tech Industrial Services Ltd. and Ross Stuve
Date charges laid: April 7, 2009
Date of alleged offence: July 5, 2008
Description: Improper disposal of waste
Contravention: Environmental Protection and Enhancement Act, section 227(j) and Waste Control Regulation, section 23(1)

Red Deer man sentenced for improper waste disposal


Charged was: Enviro-Serv Recycling Services Inc. and Prairie Distributors Inc. (Jointly Charged)
Date charges laid: October 1, 2008
Date of alleged offence: Counts vary between October 2, 2006 and September 27, 2007, inclusive.
Description: Unauthorized and improper importation, storage and containment of hazardous waste/recyclables
Contravention: Environmental Protection and Enhancement Act, section 191(a), s.192, s.227(e) and Waste Control Regulation, section 6, 15, 21, 11(1)(c), 11(1)(f)
Companies fined for improper handling of drycleaning waste


Charged was: Nasrullah Hassanali
Date charges laid: January 20, 2009
Date of alleged offence: Between October 2, 2007 – September 15, 2008
Description: Commencing or continuing an activity that requires an approval without an approval
Contravention: Environmental Protection and Enhancement Act, section 227(j)
Companies fined for improper handling of drycleaning waste


Charged was: QIS Trucking Ltd.
Date charges laid: January 12, 2009
Date of alleged offence: Ranging from May 8, 2008 and June 12, 2008, inclusive
Description: QIS Trucking Ltd. was fined $ 5000 for commencing or continuing an activity without an approval and without proper authorization, for an incident on Jackfish Lake
Contravention: Water Act, section 142(1) of the Water Act
Trucking company fined for damages to Jackfish Lake


Charged was: Suncor And Compass Group
Date charges laid: August 1, 2008
Date of alleged offence: Various dates 2005 - 2007
Description: Suncor was fined $175,000 for failing to properly supervise its camp operator Compass Group. Compass Group was fined $225,000 for failing to report violations by R&D McCabe, a sub-contractor hired by Compass Group to manage the facility.
Contravention: Environmental Protection and Enhancement Act, section 227
Suncor and Compass Group penalized for environmental violations at wastewater facility


Charged was: Suncor Energy Inc.
Date charges laid: August 1, 2008
Date of alleged offence: July 2006
Description: Suncor Energy Inc. was fined $675,000 for failing to install pollution control equipment and for failing to provide information to Alberta Environment with respect to Suncor’s Firebag facility near Fort McMurray.
Contravention: Environmental Protection and Enhancement Act, section 227
Suncor found guilty of failing to have emission controls in place


Charged was: R&D McCabe Ltd. and Rodney McCabe
Date charges laid: January 27, 2009
Date of alleged offence: Ranging from September 1, 2005 to May 31, 2007
Description: For non-compliance offenses, R&D McCabe Ltd. was penalized its total assets of $6,000 and prohibited from operating a wastewater treatment facility for three years. For the same offenses, Rodney McCabe has been sentenced to a 12 month conditional sentence, 11 months of which will be served as house arrest. He was also prohibited for a period of four years from operating a wastewater treatment facility.
Contravention: Environmental Protection and Enhancement Act, section 109(2), 227(d) or (e) and Alberta Regulation #120/93, section 2(1), 5(1)
Wastewater operator penalized for environmental violations at wastewater treatment facilities


Charged was: Canadian National Railway Company
Date charges laid: June 5, 2006
Date of alleged offence: August 3, 2005
Description: Canadian National Railway was fined $400,000 for failing to take reasonable measures to remedy and confine a spill. CN was also ordered to implement an emergency response plan, which will meet industry best practices and which could cost up to $1 to 1.2 million.
Contravention: Environmental Protection and Enhancement Act, section 112
*REVISED* Penalties for Lake Wabamun incident result in increased support for environmental emergency management


As of February 17, 2012