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October 21, 2016

Robust Environmental Management System Serves to Fully Absolve Defendant: R v Control Chem Canada Ltd.

On March 15, 2016, the Ontario Court of Justice ("OCJ") released its decision in R v Control Chem Canada Ltd.  The company was charged with five offences pursuant to Ontario’s Environmental Protection Act ("EPA") and the Ontario Water Resources Act (OWRA).  The charges arose from the independent actions of the company’s employee at the time.

Contrary to the company’s environmental management system, the employee drained the liquid contents of four large totes to an outdoor storm sewer catch basin at the company’s facility.  The Court found that the discharged liquid caused the nearby creek to turn milky white and acidic, and posed a risk to fish in the creek.

The Company was found not guilty on all five charges.  Click here to read why.

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