WEYBURN — The Village of Fillmore has been assessed a five-figure fine after pleading guilty to a pair of charges under the Saskatchewan Environmental Management and Protection Act (EMPA).
The village pleaded guilty Feb. 24 in Weyburn Provincial Court to two counts of violating a provision of the EMPA. A third count was withdrawn.
As per the terms of a joint submission, the village was penalized $10,500 for the first offence, with a $7,500 fine and a $3,000 surcharge, while Count 3 carried a $3,500 fine and a $1,400 surcharge, for total fines of $15,400.
Charges against a co-accused person were withdrawn on March 24, also in Weyburn Provincial Court.
Crown prosecutor Suzanne Reid told the court that on Dec. 24, 2023, Weyburn conservation officers became aware through a call from the Saskatchewan Turn in Poachers and Polluters line that the village had demolished an old lumber building and moved all demolition material to a site in the RM of Fillmore.
“It had obviously been burned prior to Christmas and was still smouldering in a couple of different places,” said Reid.
The old lumber yard was quite dilapidated and run down, Reid said, and the fire chief and the village decided the building should be demolished because it was a safety hazard.
“In total there were 19 loads of various types of building materials, with mostly wood. There were some remaining steel components and siding in place where it was burned. Once all the demolition was done, the area was lit on fire. There was very little dark smoke and the fire was pretty much out in a couple of hours, as it was mostly old, clean lumber.”
Twenty-one loads of steel, clay and other materials were hauled to a different site that has a slough, she said. They thought everything was done by the book, but Reid said it was learned afterwards that proper procedures were not followed. By that point, the work had already been completed. The co-defendent worked to remediate the site and return it to its original condition, so no further remediation is required.
“The remediation of the relevant locations were inspected and found to be satisfactory,” said Reid.
She noted the act stipulates that any waste be taken to a waste-management facility or disposed of on land owned or occupied by the person generating the waste, if the waste is generated on that land. Taking it to the site in the RM was an offence. Also, burning the waste without a permit was an offence.
Reid said the fine is a significant amount because Fillmore is a small community. According to the 2021 federal census, the village’s population was 282 people. She added the village has taken steps to amend its practices.
“I do think that this is an appropriate penalty given that similar fines have been imposed in similar situations with similar practices in similar communities,” said Reid.
Defence attorney Stephen Schuck said the village takes responsibility for breaching the EMPA.
“These are regulatory offences. They’re taken very seriously by my client and there is no attempt to minimize this breach.”
He pointed out the old lumber yard building was a hazard to the community. It was attracting both children and wildlife, and represented a genuine safety concern.
“The demolition was undertaken for public safety and not for convenience,” said Schuck.
In accepting the terms of the joint submission, Judge Brian Hendrickson said the fines fall within the range and he appreciated the efforts of both counsel on the submissions.
“They have explained to me both the aggravating and mitigating circumstances that counsel took into account in coming to the suggested fines,” the judge said.
