27/09/2005 – The British
Columbia Ministry of Transportation appeared
today in Provincial Court and pled guilty
to two counts under the federal Fisheries
Act for depositing a deleterious substance
into Pennask Creek. The Ministry was fined
$1,000.00 and ordered to pay $45,000.00 to
the Environmental Damages Fund for use in
rehabilitation of the Pennask watershed. Additionally,
the Court ordered that the Ministry conduct
an ongoing monitoring program of water quality
in the area.
These charges stem from the exposure of a
high pyrite rock formation near Pennask Summit
during construction of Highway 97C (the Okanagan
Connector) from 1987-90. This exposure resulted
in significant acid rock drainage into an
unnamed tributary (commonly known as Highway
Creek), and then into Pennask Creek.
Pennask Creek is one of B.C.’s most important
trout-bearing streams, and provides brood
stock for all Southern Interior B.C. lakes.
According to a November 2001 report commissioned
by the B.C. Ministry of Transportation, the
annual value in fish production in this system
is estimated at $30 million.
The British Columbia Ministry of Transportation
was originally charged with ten counts under
subsection 36(3) of the federal Fisheries
Act on May 27, 2004. The remaining counts
were stayed by the Crown.
The federal Fisheries Act prohibits the deposit
of any deleterious substance into water frequented
by fish. Environment Canada is mandated to
enforce and administer the pollution prevention
provisions of the Fisheries Act, as well as
other federal environmental legislation. The
federal Fisheries Act allows for fines of
up to $300,000 per offence and, upon conviction,
a variety of Court Orders are available to
the courts.
The Environmental Damages Fund was created
in 1995 to provide courts and companies with
a way to ensure that the money from pollution
fines and settlements would be directly invested
in repairing the harm done by pollution. It
helps ensure the "polluter pays"
principle is applied and that polluters take
responsibility for their actions.
