10/06/205 - Madison Imports
and its president, Mr. Chaïm (Charles)
Freund, signed an agreement on June 2, 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 Madison Imports 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 $15,000 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, Madison Imports 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.
