In our October 18th blog, we shared news of environmental enforcement and that at least one law firm is suggesting there have been larger monetary penalties over the past several years. With Prime Minister Trudeau’s appointment of a former Greenpeace Activist, Steven Guilbeault, to the Minister of Environment and Climate Change, there are new concerns about future policies and enforcement.
Construction Firm Pays $100,000
First, more enforcement news. On October 4, 2021, EllisDon Construction Services, Inc. was sentenced in the Provincial Court of Alberta in Calgary after pleading guilty to one count of violating section 6(a) of the Migratory Birds Act, 1994. The offences relate to disturbing migratory bird nests without a permit during the course of their work at the West Calgary Ring Road project in June 2019 (Source: Government of Canada).
The $100,000 fine is the mandatory minimum. In addition to the fine, EllisDon was ordered by the court to develop educational material on migratory birds for staff and contractors to use during staff orientation.
The enforcement was initiated by a citizen who found bird boxes on the ground. These bird boxes contained tree swallows, a protected migratory bird. Upon inspection, seven bird boxes had been removed and later re-mounted.
EllisDon’s name will be added to the Environmental Offenders Registry.
Controversial Pick to Environment and Climate Change Canada
On the heels of a close national election and headed into the international Climate Conference, Conference of the Parties (COP) 26, Prime Minister Trudeau appointed Stephen Guibeault to be the Minister of Environment and Climate Change.
Mr. Guibeault, a former Greenpeace activist, once scaled the CN Tower in protest to the Kyoto Protocol. He unveiled a sign that read, “Canada and Bush are Climate Killers.”
Mr. Guibeault has vocally opposed pipelines and also co-founded the environmental non-profit group Équiterre, which was cited as a participant in anti-Alberta energy campaigns in the United Conservative Party’s controversial Allan Report (CBC).
Alberta Premier Comments
Alberta Premier, Jason Kenney, on Tuesday, said Guilbeault’s appointment was concerning and sent a “very problematic” message to the province, the country’s largest producer of oil and gas. See Premier Kennedy express his concerns in this video.
CBC went on to report that Premier Kennedy said, “Despite our best efforts, we have constantly been surprised by ever-more ambitious federal targets and prejudicial policies, which seem to be directed at impeding Alberta’s natural resource development, jobs and our economy.”
Certainly oil producing provinces are concerned about how this appointment may affect them. Additionally, the regulated community across Canada will want to keep a pulse on how Mr. Guilbeault approaches environmental management issues.
If you need help with an environmental issue, feel free to contact our Windsor office at 519-948-7300. You can also email our senior project manager, Christopher Pare’, P.Geo.
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