Michels Canada Co. fined $2.8 million for releasing harmful deposits into B.C. rivers

SURREY —On December 6, 2022, Michels Canada Co. was ordered to pay a total of $2.8 million after pleading guilty to two charges laid under subsection 36(3) of the federal Fisheries Act at the Provincial Court of British Columbia in Surrey. The charges stem from the deposits of drilling fluid and sediment-laden waters into Cape Horn Creek in Coquitlam on August 22, 2017, and Quibble Creek in Surrey on September 2, 2017.

On August 22, 2017, Michels Canada Co. was the head contractor responsible for horizontal directional boring operations in Coquitlam, when drilling fluid and sediment-laden waters were released through the storm sewer system into Cape Horn Creek. Twenty dead fish were found in the creek following the release.

On September 2, 2017, the company was carrying out horizontal directional boring operations in Surrey, when there was a release through the storm sewer system of drilling fluid and sediment-laden waters into Quibble Creek. Following the release, 533 dead fish were found in this creek.

Environmental enforcement officers conducted investigations into these incidents. Officers went onsite where they collected water samples, dead fish, and other evidence relating to the spills. Through testing, the deposits of drilling fluid and sediment-laden waters into Cape Horn Creek and Quibble Creek were determined to be deleterious, or harmful, to fish, which is a violation of subsection 36(3) of the Fisheries Act.

The fines will be directed to the Government of Canada’s Environmental Damages Fund and the money will be used to support projects that have a positive impact on the environment.

As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry. The Registry contains information on convictions of corporations registered for offences committed under certain federal environmental laws.