05/05/2005 - Handee
Products and its president, Mr. Barry Joseph
Gardyn, signed an agreement on April 28,
to use environmental protection alternative
measures as set out in subsection 296(1)
of the Canadian Environmental Protection
Act, 1999 to answer to charges of having
contravened to paragraphs 272(1) a) and
b) of the same law.
Between the months of April and September
2002, the Handee Products Company and its
president illegally imported and sold streamers
in aerosol containers bearing the brand
name “Party Crazy String”. These cans contain
a propellant composed mainly of CFC-11 and
CFC-12.
Scientific studies, conducted by several
researchers throughout the world, reveal
that the increase in CFC (chlorofluorocarbon)
emissions in the atmosphere contributes
to the depletion of the ozone layer. This
layer acts as a protective barrier against
the noxious effects of the sun’s ultraviolet
rays on the planet’s living organisms. The
depletion of the ozone layer contributes
to the increase in skin cancer among humans.
The sale and importation of these products
contravenes to the Ozone-depleting Substances
Regulations, 1998, under the Canadian Environmental
Protection Act, 1999.
In this case, Environment Canada suggested
that the defendant participate in the Environmental
Protection Alternative Measures program.
The alternative measures agreement requires
the implementation of an operational procedure
and management policy specific to the company
with respect to the prohibition of the manufacture,
importation and sale of products containing
CFCs; the writing and publication of an
article in an information bulletin of the
Canadian Importers and Exporters Association;
and the payment of a total of $100,000 to
be deposited into the Environmental Damages
Fund for damages caused to the environment.
Under the alternative measures agreement,
the defendants must meet the conditions
set out within 18 months, failing which
the case will automatically be brought before
the courts. According to the Canadian Environmental
Protection Act, 1999, Handee Products and
its president would then be liable to a
fine of not more than $300,000 and to imprisonment
for a term of not more than six months.
These charges are pursuant to an investigation
led by the Enforcement Branch of Environment
Canada.