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Business Director fined $3,000 for Environmental Protection Act Violation

Archived Court Bulletin

Business Director fined $3,000 for Environmental Protection Act Violation

St. Catharines - Scott Wallace pleaded guilty to one offence and was fined $3,000 for failing to take all reasonable care to prevent the corporation from contravening a ministry order, contrary to the Environmental Protection Act (EPA).

Scott Wallace is a Director and the onsite Manager of a sign business in Niagara Falls. The company had a paint spray booth at its facility on Kinsmen Court which did not have ministry approval.

On January 7, 2016, ministry staff conducted an inspection of the facility and discussed with Mr. Wallace the statutory requirement to obtain an Environmental Compliance Approval (ECA) from the ministry.

Mr. Wallace was directed to submit an ECA application by the beginning of April 2016. The deadline was later extended to May 31, 2016, but the ECA application was not submitted.

On June 2, 2016, a ministry order was issued, which required the company to submit an ECA application for the paint spray booth by August 5, 2016. The order was not complied with.

Scott Wallace had a duty as a Director of the company, to take all reasonable care to prevent the company from contravening an order made under section 157 of the Act.

The matter was referred to the Ministry's Investigation and Enforcement Branch. Following an investigation, the defendant was charged.

On June 23, 2017, Scott Wallace was convicted of one offence, was fined $3,000 plus a victim fine surcharge of $750 and was given 30 days to pay the fine.

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Environment and Energy