Rare Jail Sentence for Environmental Offence in Canada

On August 21, 2018, Collingwood Prime Realty Holdings Corp. and its director, Mr. Issa El-Hinn, were sentenced in the Ontario Court of Justice for offences under the Canadian Environmental Protection Act, 1999 related to contraventions of the PCB Regulations.

The charges stem from old electrical transformers and capacitors in use on the former Goodyear property at 101 Mountain Rd., which is now owned by Collingwood Prime Realty.

The property at 101 Mountain Rd., used to be a Goodyear plant. Erika Engel/CollingwoodToday

The court sentenced Mr. El-Hinn to a 45-day jail term, which will be served on weekends, for failing to comply with an environmental protection compliance order. The Court also sentenced the corporation and Mr. El-Hinn to pay a combined penalty of $420,000 to be directed to the federal Environmental Damages Fund.

On April 30, 2015, Environment and Climate Change Canada enforcement officers launched an investigation following the company’s failure to comply with an environmental protection compliance order. The investigation revealed that two electrical transformers and eight electrical capacitors contained higher-than-allowable PCB levels and that the equipment had not been sent for destruction to an authorized facility. The defendants pleaded guilty on September 26, 2017, to ten counts of contravening the PCB Regulations made pursuant to the Canadian Environmental Protection Act, 1999, and one count of failing to comply with an environmental protection compliance order.

As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry.

PCBs are toxic industrial chemical substances that are harmful to aquatic ecosystems and species that feed primarily on aquatic organisms.

Earlier this year, Collingwood Fire Department successfully prosecuted Collingwood Prime Realty Holdings Corp., and its owner El Hinn for multiple fire code violations at the property at 101 Mountain Rd.