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City of Moose Jaw Fined $55,000 for Violation of Fisheries Act

MOOSE JAW, Sask. -- August 5, 2010 -- The City of Moose Jaw pleaded guilty on August 4, 2010 to one offence under the Fisheries Act  for depositing a deleterious substance into fish-bearing waters and was fined a total of $55,000, which includes a $5,000 fine and order to pay $50,000 to the Environmental Damages Fund. 

The charge stems from the release of approximately 431,000 litres of untreated sewage into the Moose Jaw River on August 4, 2007 as a result of a power failure.  Equipment deficiencies resulted in the release being undetected for an extended period of time.

The fine contribution to the Environmental Damages Fund will be paid over a five-year period at $10,000 per year and will support programs designed to promote the proper management and control of fisheries and fish habitat, or the conservation, protection of fish or fish habitat in the Moose Jaw River area.

The Environmental Damages Fund, which is administered by Environment Canada, was created in 1995 to provide the courts and companies with an option to direct monetary penalties and settlements to investments in the restoration of the environment. It helps ensure polluters take responsibility for their actions and enforces the “polluter pays” principle.

Environment Canada is responsible for the administration and enforcement of the pollution prevention provisions of the Fisheries Act. First offences under subsection 36 (3) of the Fisheries Act are punishable on summary conviction by a fine of up to $300,000, and for subsequent offences, by a fine of up to $300,000 or six months imprisonment, or both.  Indictable offences can result in a maximum $1,000,000 fine for a first offence, and for subsequent offences, a maximum $1,000,000 fine or three years imprisonment, or both.