Charges under the Ontario Water Resources Act
Taggart Construction Limited, Michael E Taggart, 1374537 Ontario Limited, and Findlay Creek Properties Ltd. are charged with:
1) one offence under section 98(2) of the OWRA, highlighted in yellow below under the following provisions of the OWRA:
Obstruction
98. (1) No person shall hinder or obstruct any provincial officer or any employee in or agent of the Ministry or the Agency in the performance of his or her duties under this Act. 1998, c. 35, s. 66; 2006, c. 35, Sched. C, s. 105 (4).
False information
(2) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement, document or data, to any provincial officer, the Minister, the Ministry or the Agency, any employee in or agent of the Ministry or the Agency, or any person involved in carrying out a program of the Ministry or the Agency in respect of any matter related to this Act or the regulations. 1998, c. 35, s. 66; 2001, c. 9, Sched. G, s. 6 (41); 2006, c. 35, Sched. C, s. 105 (5).
Same
(3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act. 1998, c. 35, s. 66.
Refusal to furnish information
(4) No person shall refuse to furnish any provincial officer, the Minister, the Ministry, the Agency or any employee in or agent of the Ministry or the Agency with information required for the purposes of this Act and the regulations. 1998, c. 35, s. 66; 2006, c. 35, Sched. C, s. 105 (6).
2) one offence under section 107(2) of the OWRA
Offences
Contravention of Act or regulations
107. (1) Every person that contravenes this Act or the regulations is guilty of an offence. R.S.O. 1990, c. O.40, s. 107 (1).
Offence re order, notice, direction
(2) Every person that fails to comply with an order, notice, direction, requirement or report made under this Act, other than an order under section 84 or 106.1, is guilty of an offence. R.S.O. 1990, c. O.40, s. 107 (2); 2005, c. 12, s. 2 (30).
Offence re licence, permit, approval
(3) Every person that contravenes a term or condition of a licence, permit or approval made under this Act is guilty of an offence. R.S.O. 1990, c. O.40, s. 107 (3); 2005, c. 12, s. 2 (31).
3) five offences under section 34(3) of the OWRA
Taking of water
Interpretation
34. (1) In this section, reference to the taking of water for use for domestic or farm purposes means the taking of water by any person other than a municipality or a company public utility for ordinary household purposes or for the watering of livestock, poultry, home gardens or lawns, but does not include the watering or irrigation of crops grown for sale. R.S.O. 1990, c. O.40, s. 34 (1).
Idem
(2) In subsection (4), the reference to the taking of water for the watering of livestock or poultry does not include the taking of surface water into storage for the watering of livestock or poultry. R.S.O. 1990, c. O.40, s. 34 (2).
Water taking
(3) Despite any other Act, a person shall not take more than 50,000 litres of water on any day by any means except in accordance with a permit issued by the Director. 2007, c. 12, s. 1 (7).
Penalties, general
108. (1) Every individual convicted of an offence under this Act, other than an offence described in subsection 109 (1), is liable,
(a) on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000; and
(b) on each subsequent conviction,
(i) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000,
(ii) to imprisonment for a term of not more than one year, or
(iii) to both such fine and imprisonment. 2005, c. 12, s. 2 (33).
Same: corporations
(2) Every corporation convicted of an offence under this Act, other than an offence described in subsection 109 (1), is liable,
(a) on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $250,000; and
(b) on each subsequent conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $500,000. 2005, c. 12, s. 2 (33).
Penalties, more serious offences
109. (1) Subsections (2) and (3) apply to the following offences:
1. An offence under subsection 30 (1).
2. An offence under subsection 107 (1) of,
i. contravening subsection 30 (1) or (2),
ii. contravening section 98, or
iii. contravening a provision of the regulations that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment.
3. An offence under subsection 107 (2) of failing to comply with an order, direction, requirement or report made under this Act that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment.
4. An offence under subsection 107 (3) of contravening a term or condition of a licence, permit or approval made under this Act that establishes or has the effect of establishing a numerical limit, including a limit of zero, on the amount, concentration or level of anything that may be discharged to the natural environment.
5. An offence under subsection 116 (2) that relates to a contravention or failure to comply referred to in paragraph 1, 2, 3 or 4. 2005, c. 12, s. 2 (34).
Corporations
(2) Every corporation convicted of an offence described in subsection (1) is liable, for each day or part of a day on which the offence occurs or continues, to a fine of,
(a) not less than $25,000 and not more than $6,000,000 on a first conviction;
(b) not less than $50,000 and not more than $10,000,000 on a second conviction; and
(c )not less than $100,000 and not more than $10,000,000 on each subsequent conviction. 2005, c. 12, s. 2 (34).
Individuals
(3) Every individual convicted of an offence described in subsection (1) is liable,
(a) for each day or part of a day on which the offence occurs or continues, to a fine of,
(i) not less than $5,000 and not more than $4,000,000 on a first conviction,
(ii) not less than $10,000 and not more than $6,000,000 on a second conviction, and
(iii) not less than $20,000 and not more than $6,000,000 on each subsequent conviction;
(b) to imprisonment for a term of not more than five years less one day; or
(c) to both such fine and imprisonment. 2005, c. 12, s. 2 (34).
Number of convictions
110. In determining the number of a person’s previous convictions for the purpose of sections 108 and 109, the court shall include previous convictions of the person under,
(a) this Act;
(b) the Environmental Protection Act, other than for an offence related to Part IX of that Act;
(b.1) the Nutrient Management Act, 2002;
(c) the Pesticides Act; or
(d) the Safe Drinking Water Act, 2002. R.S.O. 1990, c. O.40, s. 110; 1992, c. 23, s. 39 (9); 1993, c. 27, Sched.; 1998, c. 35, s. 73; 2002, c. 4, s. 65 (3); 2005, c. 12, s. 2 (35); 2007, c. 10, Sched. D, s. 2 (17).
Information Regarding Charges
The charges were sworn on August 13, 2008.
The next court appearance date is in Ottawa court on March 4, 2009 for a pre-trial hearing.
The following is a copy of the information “As Sworn”:
“Taggart Construction Limited AND Michael E Taggart AND 1374537 Ontario Limited AND Findlay Creek Properties Ltd.*
1) on or about February 2, 2008 at Lots 19 and 20 Concession 4 and Lot 20 Concession 5, Formerly Gloucester Township, City of Ottawa, did commit the offence of submitting false or misleading information in a document or data, namely, in an e-mail submitted to provincial officer Jena Leavoy on February 2, 2008 stating that no water had been taken for the month of January 2008 contrary to Sec.98 (2) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, thereby committing an offence under Sec. 107 (1) of the said Act.
2) AND FURTHER THAT, *Taggart Construction Limited AND Michael E Taggart AND 1374537 Ontario Limited AND Findlay Creek Properties Ltd.* on or about February 2, 2008 at Lots 19 and 20 Concession 4 and Lot 20 Concession 5, Formerly Gloucester Township, City of Ottawa, did commit the offence of failing to comply with provincial officer order No. P814-141, item 2, by failing to submit weekly water taking records, showing daily water taking volumes, contrary to Sec.107 (2) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, thereby committing an offence under Sec. 107 (2) of the said Act.
3) AND FURTHER THAT, *Taggart Construction Limited AND Michael E Taggart AND 1374537 Ontario Limited AND Findlay Creek Properties Ltd.* during the period beginning on or about September 10, 2007 and ending on or about September 15, 2007 at Lots 19 and 20 Concession 4 and Lot 20 Concession 5, Formerly Gloucester Township, City of Ottawa, did commit the offence of taking more than 50,000 litres of water in a day by any means accept in accordance with a permit issued by the Director, contrary to Sec.34 (3) (d) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, thereby committing an offence under Sec. 34 (8) (a) of the said Act.
4) AND FURTHER THAT, *Taggart Construction Limited AND Michael E Taggart AND 1374537 Ontario Limited AND Findlay Creek Properties Ltd.* during the period beginning on or about September 26, 2007 and ending on or about September 29, 2007 at Lots 19 and 20 Concession 4 and Lot 20 Concession 5, Formerly Gloucester Township, City of Ottawa, did commit the * offence of taking more than 50,000 litres of water in a day by any means accept in accordance with a permit issued by the Director, contrary to Sec.34 (3) (d) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, thereby committing an offence under Sec. 34 (8) (a) of the said Act.
5) AND FURTHER THAT, *Taggart Construction Limited AND Michael E Taggart AND 1374537 Ontario Limited AND Findlay Creek Properties Ltd.* during the period beginning on or about October 1, 2007 and ending on or about October 6, 2007 at Lots 19 and 20 Concession 4 and Lot 20 Concession 5, Formerly Gloucester Township, City of Ottawa, did commit the offence of taking more than 50,000 litres of water in a day by any means accept in accordance with a permit issued by the Director, contrary to Sec.34 (3) (d) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, thereby committing an offence under Sec. 34 (8) (a) of the said Act.
6) AND FURTHER THAT, *Taggart Construction Limited AND Michael E Taggart AND 1374537 Ontario Limited AND Findlay Creek Properties Ltd.* during the period beginning on or about October 9, 2007 and ending on or about October 13, 2007 at Lots 19 and 20 Concession 4 and Lot 20 Concession 5, Formerly Gloucester Township, City of Ottawa, did commit the offence of taking more than 50,000 litres of water in a day by any means accept in accordance with a permit issued by the Director, contrary to Sec.34 (3) (d) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, thereby committing an offence under Sec. 34 (8) (a) of the said Act.
7) AND FURTHER THAT, *Taggart Construction Limited AND Michael E Taggart AND 1374537 Ontario Limited AND Findlay Creek Properties Ltd.* during the period beginning on or about October 15, 2007 and ending on or about October 22, 2007 at Lots 19 and 20 Concession 4 and Lot 20 Concession 5, Formerly Gloucester Township, City of Ottawa, did commit the offence of taking more than 50,000 litres of water in a day by any means accept in accordance with a permit issued by the Director, contrary to Sec.34 (3) (d) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, thereby committing an offence under Sec. 34 (8) (a) of the said Act.”
This information is publicly available at the Elgin Street Courthouse.
