2 total
Out-of-course contaminant discharges with potential adverse effects must be reported immediately.
The appellant challenged a conviction for failing to report a blasting incident that propelled fly-rock into the air and damaged nearby property.
The Court held that the reporting duty under the Environmental Protection Act is triggered where a contaminant is discharged out of the normal course of events and there is or may be an adverse effect, without requiring proof of actual impairment to the natural environment.
It emphasized the statute’s broad remedial purpose and confirmed that each branch of the adverse-effect definition independently engages the duty to notify the regulator.
On the facts, the discharge caused significant property damage and potential serious harm, requiring immediate reporting.
The appeal was dismissed.
Sentence appeal dismissed; probation condition restricting environmental work upheld as rehabilitative and preventative.
The appellant was sentenced for a breach of the Environmental Protection Act and received fines and probation.
The probation order included a condition restricting his ability to work in the environmental business.
The appellant appealed, arguing the condition was purely punitive.
The Court of Appeal dismissed the appeal, finding the condition was appropriate under the Provincial Offences Act to prevent similar unlawful conduct and contribute to rehabilitation, given the appellant's lack of remorse and failure to appreciate the seriousness of his non-disclosure of data regarding PCB contamination.
The probation end date was amended to account for stays pending appeal.
