COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

CANADA

Canada - Water Pollution, Liability of Company Officials

R. v. TIOXIDE CANADA INC., TURCOTTE, ECKERSLEY, GAUTHIER, LACHANCE and COLLINGWOOD, Directors

(UNREPORTED) QUEBEC COURT, 1993

This case involved the pollution of the St. Lawrence River over a long period of time. The company was in violation of authorisations issued by the Province of Quebec to operate. In the final stages it did not have a formal authorisation either from the province or from the Federal Government. So long as it had the operating authorisation and complied with its conditions, they were exempt from the application of the Fisheries Act regulation.

Federal, as well as Provincial Government authorities co-operated in efforts to prevent pollution of the St. Lawrence River. The Province had been negotiating operating plans since 1986 which the accused initially complied with, but in 1991 it neglected or refused to do so, or even to apply for same.

The board of directors had resolved in April 1991 to continue operations despite having no authorisation. As a result, criminal charges were brought against the company and its directors. After the charges were laid, the offending section of the plant was closed by the company.

The accused pleaded not guilty initially and elected jury trial but changed their plea prior to the preliminary inquiry.

Decision

Tioxide was fined Can$ 1 million and ordered to pay Can$ 3 million to the Federal Treasury to be placed in a special account at the disposal of the Minister of the Environment. The funds would be used for fish and fish habitat protection. The directors were given absolute discharge by the court on charges filed against them personally. This was as a result of plea bargaining with the Prosecutors. The court ordered the accused to continue to close the section of the plant that was the source of pollution. This is the highest fine ever imposed in Canadian polluter.