Environment and Climate Change Canada Enforcement lays 5 charges for contraventions of subsection 36(3) of the Fisheries Act

July 12, 2024 – Cranbrook, British Columbia – Environment and Climate Change Canada

On July 10, 2024, Environment and Climate Change Canada Enforcement laid 5 charges against Teck Coal Limited for contraventions of subsection 36(3) of the Fisheries Act. Under subsection 36(3) of the Fisheries Act, it is prohibited to deposit or to permit the deposit of a deleterious (harmful) substance into water frequented by fish, or in any place where the deleterious substance may enter any such water.

The charges stem from an investigation opened by Environment and Climate Change Canada enforcement officers on March 7, 2023. The investigation was conducted into alleged deleterious (harmful) deposits into Dry Creek on Teck Coal Limited’s Line Creek Operations Mine in British Columbia, and the adjacent Fording River.

All charges are currently before the Court, and they have not yet been proven. Under Canadian law, those charged are presumed innocent until proven guilty. Therefore, Environment and Climate Change Canada will not be commenting further at this time.

Quick facts

• Environment and Climate Change Canada enforcement officers are responsible for administering and enforcing the pollution prevention provisions of the Fisheries Act.
• Dry Creek and the Fording River are waters frequented by fish, as defined under the Fisheries Act.
• Mining of coal can create large volumes of waste rock that, when exposed to water and air, may accelerate the release of contaminants including (but not limited to) selenium and nitrate.
• A deleterious substance can be any substance such as oil, chemicals, and pesticides that if added to water would degrade or alter the water quality to the point that it could harm fish.
• The Fisheries Act allows for 2 types of charges—those by summary conviction and the other by indictment. The charges against the company were laid by indictment. Offences charged by indictment are deemed more serious.

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Contacts

Media Relations
Environment and Climate Change Canada
819-938-3338 or 1-844-836-7799 (toll-free)
media@ec.gc.ca