Thursday, December 14, 2006

ENVIRONMENTAL LAW: COMPLIANCE & OFFENCES - Environmental Due Diligence in R. v. Gemtec Limited Et Al. - June 2006

by Graham Reynolds and Lynn L. Mitchell of Osler

On April 26, 2006 the New Brunswick Provincial Court convicted an environmental consultant (Gemtec Limited) and its principal on two counts under section 36(3) of the federal Fisheries Act for depositing or permitting the deposit of a deleterious substance into water frequented by fish. The decision demonstrates that consultants cannot rely on sheltering behind their role as advisors or contractors if their activities under a contract give rise to a contravention of environmental laws. More Info...