The defendant, a Technical Site Manager at Buckham Transport, was charged with providing false or misleading information to the Ministry of the Environment contrary to section 184(2) of the Environmental Protection Act.
The Crown alleged that the defendant made contradictory statements regarding PCB-contaminated waste stored at the facility.
On September 17, 2008, the defendant stated he did not know what was in a tanker; on September 23, 2008, he stated he did not know how PCB contamination got into the tanker; but on November 18, 2008, he stated that the company was aware of the PCB material in September 2008.
The court found the Crown proved its case beyond a reasonable doubt and convicted the defendant of the strict liability offence, finding no evidence of due diligence.