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Archived – Land Developer Guilty of Fisheries Act Violation on Bay of Quinte
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June 19, 2008
BELLEVILLE, ONTARIO - On June 5, 2008, James C. Sinclair and Thermosets Limited (Ontario Corporation Number 345501) were ordered by the Honourable Ontario Court Justice Griffin to pay a penalty of $235,000 after being found guilty of violating subsection 35(1) of the federal Fisheries Act for "the harmful alteration, disruption or destruction of fish habitat". The offence occurred on the former Bakelite property on the Bay of Quinte, within the City of Belleville.
An investigation by Fisheries and Oceans Canada (DFO) on November 18, 2005 revealed that a nearshore marsh associated with the Bay of Quinte had been excavated, eliminating aquatic vegetation that fish use as habitat. As well, it was found that in January 2006, a rock berm was constructed across the mouth of the bay that formerly contained the nearshore marsh. The berm effectively isolated fish from access to important habitat.
The fisheries trial ran concurrent with that of the Moira River Conservation Authority (Quinte Conservation) who had laid charges under provincial legislation. In addition to being found guilty under the Fisheries Act, Sinclair and Thermosets Limited were found guilty of three violations of the provincial Conservation Authorities Act.
Upon pronouncing sentence, Justice Griffin said, "The point is that Mr. Sinclair, other developers and the entire public must understand that the law as established to protect Provincially Significant wetlands and fish habitat will be enforced and that there is nothing to be gained by ignoring those laws. In fact, ignoring or violating those laws will have significant consequences."
The continued strength of the ongoing partnerships between the federal and provincial governments and the Conservation Authority was a contributing factor in bringing this precedent setting case to trial.
Prior to undertaking any work in or around water, DFO encourages the public to ensure they have all necessary permits from municipal, provincial, and federal agencies and authorities.
Details of this news release can be found in the attached backgrounder.
Backgrounder:
Land Developer Guilty of Fisheries Act Violation on Bay of Quinte
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FOR MORE INFORMATION:
|
Colleen O'Meara |
Lawrence Swift |
NR-CA-08-02E
