R. v. Irving Oil Ltd., (1991) 121 N.B.R.(2d) 249 (PC)

• Judge: Brien, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: September 27, 1991
• Jurisdiction: New Brunswick
• Citations: (1991), 121 N.B.R.(2d) 249 (PC)

R. v. Irving Oil Ltd. (1991), 121 N.B.R.(2d) 249 (PC);

    121 R.N.-B.(2e) 249; 304 A.P.R. 249

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

....................

R. v. Irving Oil Ltd.

Indexed As: R. v. Irving Oil Ltd.

New Brunswick Provincial Court

Brien, P.C.J.

September 27, 1991.

Summary:

In April of 1990, Irving Oil was informed by the Crown that it had until June 30, 1990, to remove and dispose of a steel under­ground gasoline storage tank without cath­odic pro­tection. Irving Oil failed to comply and on August 2, 1990, an underground spill was detected. The Crown charged Irving Oil under s. 33(1) of the Clean Environment Act, R.S.N.B. 1973, c. C-6, with failure to comply with a removal order per s. 239(2) of the Regulations. Irving Oil pleaded guilty.

The New Brunswick Provincial Court sentenced the company accordingly.

Pollution Control - Topic 8025

Land - Underground storage tanks - Removal order - Irving Oil was informed that a certain steel underground gasoline storage tank without cathodic protection would have to be removed and disposed of within a two month period - Irving Oil was obliged to remove numerous other tanks during the same period - Irving Oil was charged when it failed to remove the tank within the specified time - Irving Oil pleaded guilty - Irving Oil submitted that it was unable to comply because its crews experienced numerous delays in removing tanks at other locations - Irving Oil had one prior conviction under the Act - The maximum fine was $1,000,000 - The New Brunswick Provincial Court imposed a fine of $25,000.

Pollution Control - Topic 9003

Offences - General - Steel underground gasoline storage tank - Removal order - Failure to comply - [See Pollution Con­trol - Topic 8025 ].

Pollution Control - Topic 9183

Offences - Sentencing - Considerations - Irving Oil Ltd. was charged with failing to comply with an order to remove and dis­pose of a steel underground gasoline stor­age tank - The New Brunswick Provincial Court stated that the following were rel­evant considerations in determining sen­tence, the nature of the offence, the poten­tial harm, maximum penalty, company size, scope of activity, the company's attitude, prior convictions and precedents - See paragraphs 8 to 37.

Pollution Control - Topic 9278

Offences - Sentences, fines and penalties - Fines - Steel underground gasoline storage tank - Failure to comply with removal order - [See Pollution Control - Topic 8025 ].

Cases Noticed:

R. v. United Keno Hill Mines Ltd. (1980), 10 C.E.L.R. 43, refd to. [para. 5].

R. v. Kenaston Drilling (Arctic) Ltd. (1974), 12 C.C.C.(2d) 383, refd to. [para. 5].

R. v. Panarctic Oils Ltd. (1983), 12 C.E.L.R. 78, refd to. [para. 5].

R. v. Echo Bay Mines Ltd. (1980), 12 C.E.L.R. 38, refd to. [para. 5].

R. v. Canadian Marine Drilling, 13 C.E.L.R. 8, refd to. [para. 5].

R. v. Northwest Territories Power Corp., 5 C.E.L.R.(N.S.) 57, refd to. [para. 5].

R. v. Oxford Frozen Foods Ltd., 5 C.E.L.R.(N.S.) 37, refd to. [para. 5].

R. v. Cotton Felts Ltd. (1983), 2 C.C.C.(3d) 287, consd. [para. 10].

R. v. Gulf Canada Corp., [1987] N.W.T.J. No. 143, refd to. [para. 36].

Statutes Noticed:

Clean Environment Act, R.S.N.B. 1973, c. C-6, sect. 33(1) [para. 1].

Clean Environment Act Regula­tions, Pe­troleum Products Storage and Handling Regula­tions, reg. 87-97, sect. 239(2), Schedule B [para. 1].

Petroleum Products Storage and Handling Regulations - see Clean Environ­ment Act Regulations.

Counsel:

K. McCormick, for the Crown;

J. Wallace, for Irving Oil Ltd.

This matter was heard by Brien, P.C.J., of the New Brunswick Provincial Court, in Saint John, N.B., who delivered the follow­ing decision on September 27, 1991.