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ARTICLE · 15 NOVEMBER 2013

How Odd: Why Was CNR Fined Over Its Financial Assurance?

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Some of the Ontario Ministry of the Environment’s court bulletins are headscratchers.

CanadaEnvironment
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Some of the Ontario Ministry of the Environment's court bulletins are headscratchers. For example, a recent report states that Canadian National Railways was charged, convicted and fined $10,000 ($8,00 plus victim fine surcharge) for failing to completely file its financial assurance for a private landfill under the Environmental Protection Act.

I can't make any sense out of this case, because I can't imagine any circumstances in which CNR would deliberately refuse to file financial assurance for an environmental permit. If they made a honest mistake, why prosecute, convict and fine them for it? Surely they would have been willing to pay up once any error was drawn to their attention? Or was there a legitimate dispute about the calculation? How is the public interest served by responding to honest mistakes or legitimate disputes with prosecution?

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