Abstract
On March 15, 2016, the Ontario Court of Justice
("OCJ") released its decision in R v Control Chem
Canada Ltd.1 The company was charged with five
offences pursuant to Ontario's Environmental Protection
Act ("EPA") and the Ontario Water Resources Act
(OWRA). The charges arose from the independent actions of the
company's employee at the time.
Contrary to the company's environmental management
system, the employee drained the liquid contents of four large
totes to an outdoor storm sewer catch basin at the company's
facility. The Court found that the discharged liquid caused the
nearby creek to turn milky white and acidic, and posed a risk to
fish in the creek.
Control Chem Canada Ltd. ("ControlChem")
demonstrated that environmental management was inherent to its
corporate culture. The company implemented policies, standard
operating procedures and systems, and rigorous staff training to
clearly discourage employees from disposing wastewater outside
