Timmins Ontario, Canada – 2/28/2005
The Corporation of the City of Timmins has been fined $38,000 ? plus a victim fine surcharge ? after pleading guilty to six counts under the Ontario Water Resources Act (OWRA) and one count under the Safe Drinking Water Act, 2002 (SDWA).

The Corporation of the City of Timmins is authorized, through a certificate of approval issued by the Ministry of the Environment (MOE), to operate the drinking water system servicing a community of approximately 43,000 residents in Timmins, Ontario.

The court heard that in March 2003, during a routine inspection of the corporation?s water system, MOE staff identified a number of issues with the water system. Specifically, sampling and analysis requirements were not being carried out as prescribed under the OWRA. As a result, a Provincial Officer Order was issued to the corporation requiring the City to come into compliance with the legislation by May 30, 2003. The Order was not complied with within the specified time and the corporation was subsequently charged.

On February 24, 2005, The Corporation of the City of Timmins pleaded guilty to six counts under the OWRA and one under the SDWA. Under the OWRA, the city was convicted of the following:

Failing to install a sufficient number of flow meters as required by the Certificate of Approval and failing to meet sampling and analysis requirements, contrary to Section 107 (3), the city was fined $5,000 and $3,000 respectively;

Failing to comply with conditions of the Provincial Officer Order, contrary to Section 107 (2), the corporation was fined $3,000;

Failing to ensure that water sampling and analysis requirements were carried out as prescribed in Section 107 (1), on this charge the city was fined $10,000;

Failing to provide the MOE with immediate verbal notification of the adverse water quality test results, the corporation was fined $6,000; and
Failing to ensure that the responsibility for the overall operation of the facility was placed with a certified operator, contrary to Section 107(1) of the OWRA, the corporation was fined $8,000.

Under the SDWA, the city failed to notify the ministry within seven days, contrary to Section 140 (3) of the Act, that the adverse water quality issue had been resolved. For the single offence, the city was fined $3,000.

In total, the Corporation of the City of Timmins received a $38,000 fine, plus a victim fine surcharge.

Justice of the Peace Marielle Quinn accepted the guilty pleas and fined the corporation in the Ontario Court of Justice in Timmins, Ontario.

Contact: John Steele
Communications Branch
(416) 314-6666
Ministry of the Environment