The appellant was engaged in a blasting operation that sent fly-rock onto neighbouring private property, causing damage.
The appellant did not report the incident to the Ministry of the Environment and was charged with failing to report the discharge of a contaminant under s. 15(1) of the Environmental Protection Act.
The appellant argued that reporting was only required if the discharge caused non-trivial harm to the natural environment.
The Court of Appeal dismissed the appeal, holding that the statutory definition of 'adverse effect' includes property damage as an independent trigger for liability, regardless of whether the natural environment itself is harmed.