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Environmental Consultant and an Individual fined $50,000 for Environmental Protection Act (EPA) Violations

Court Bulletin

Environmental Consultant and an Individual fined $50,000 for Environmental Protection Act (EPA) Violations

Convicted - Soil Engineers Limited and Mr. Anthony Upper

Court Location - Toronto

Description of Offence -  These convictions relate to false information being provided related to Records of Site Condition (RSC). 

Date of Offence - The two separate violations occurred on or about April 16, 2014 and on or about January 27, 2015.

Date of Conviction - June 11, 2018

Penalty Imposed - Soil Engineers Ltd. was found guilty of one violation under the Environmental Protection Act (EPA), was fined $35,000 plus a Victim Fine Surcharge (VFS) of $8,750, and was given 30 days to pay. On the same date, Anthony Upper was found guilty of two violations under the EPA, was fined $15,000 plus a VFS of $3,750, and was given 18 months to pay.

Background -  

  • Soil Engineers Ltd. is located in Richmond Hill and provides geotechnical, environmental and hydrogeology consultant services. 
  • At the time of these offences, Anthony Upper was employed as a Project Manager with Soil Engineers Ltd.
  • On March 23, 2015, Soil Engineers Ltd. notified an owner/developer of two properties located on Frontenac Ave. in Toronto that two RSC letters of acknowledgement provided by Mr. Anthony Upper were falsified.   
  • Soil Engineers Ltd. had identified these falsified documents as part of a review it had conducted related to other documents prepared by Mr. Upper.
  • On October 9, 2015, the owner/developer for another construction project located at a site near Steeles Ave. E. and Old Kennedy Rd. in Markham notified the ministry of concerns relating to their RSC submissions.
  • In this case, Soil Engineers Ltd. was also the consultant and Anthony Upper was the project manager.  The ministry commenced an audit and investigation. 
  • There are no further compliance issues related to this matter. The owners of the buildings have now obtained valid RSC documents.
  • The incident was referred to the ministry's Investigations and Enforcement Branch, resulting in charges and convictions.

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