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ARTICLE · 10 OCTOBER 2013

Company Convicted Under Environmental And Safety Legislation For Lack Of Preventative Systems

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This decision demonstrates that a proactive approach by companies to meet their obligations under the EPA and OHSA is worthwhile.

CanadaEnvironment
Catherine Lyons
Catherine Lyons
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The Ontario Court of Justice's decision in Ontario (Ministry of Labour and Ministry of the Environment) v. Sunrise Propane Energy Group Inc. provides some insight as to the level of safety standards and environmental practices expected of industry players when dealing with dangerous environmental contaminants. In this decision, Sunrise Propane Energy Group Inc. ("Sunrise"), 1367229 Ontario Inc. (a related entity), and two company directors were convicted of multiple charges under the Environmental Protection Act (the "EPA") and the Occupational Health and Safety Act (the "OHSA"). The exact penalties will be decided at the sentencing hearing in December.

Background

On August 10, 2008, a series of explosions occurred at a Sunrise propane facility during a transfer of propane from one truck to another. Sunrise was relocating certain tanks at its North York facility without approval from the Ontario Technical Standards and Safety Authority (the "TSSA") when a tank

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