TORONTO — The federal government has reached an “alternative measures agreement” with Barclay Construction Group in resolution of a case where sediment-contaminated water was deposited into Lake Ontario.
The agreement, as recommended by the court, was entered into as an alternative to prosecution of charges that had been laid by Environment and Climate Change Canada (ECCC) enforcement officers under the Fisheries Act, stated a release.
As a result of the agreement, the company has agreed to pay $175,000 to the government’s Environmental Damages Fund.
In addition to the payment, Barclay agreed to promote effective environmental management systems at an open house and a construction industry conference.
The company also agreed to develop a standard operating procedure on spill containment and cleanup, and train all its field employees on the procedure.
On June 21, 2018, ECCC enforcement officers were participating in a marine training exercise at Pier 12 in Hamilton Harbour.
During the exercise, they observed a pump that was removing water from an excavation site, depositing sediment-contaminated water into Lake Ontario.
After an investigation, officers determined that Barclay was responsible for the work at Pier 12.
ECCC laboratory results revealed the contaminated water contained substances that are harmful to fish. Depositing or permitting the deposit of a harmful substance in water frequented by fish, or in any place where the substance may enter any such water, is a violation of the Fisheries Act.
An alternative measures agreement is an alternative to prosecution under the Criminal Code.
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