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Consultant fined $22,500 plus Probation for Enviornmental Protection Act Violations

Court Bulletin

Consultant fined $22,500 plus Probation for Enviornmental Protection Act Violations

Convicted - Stephen Harold Arkell

Court Location - Markham

Description of Offence -  The convictions relate to submitting false information electronically to the ministry's Environmental Activity and Sector Registry.

Date of Offence - During three separate periods on or about July 11, 2017, August 17, 2017 and January 2, 2018.

Date of Conviction - December 20, 2018

Penalty Imposed - Stephen Harold Arkell was convicted on three violations under the Environmental Protection Act and was fined $22,500 plus a victim fine surcharge of $5,625 with 18 months to pay the fine. As part of the conviction an 18 month Probation Order was issued by the court.

Background - 

  • Stephen Harold Arkell has an office in Markham and during the time of the violations, provided consulting services by preparing environmental application submissions for the purpose of obtaining ministry approvals and registering on the Environmental Activity Sector Registry. Mr. Arkell is not and has never been a licenced engineering practitioner.
  • Before conducting an activity that may discharge contaminants into the natural environment (other than water) legislation requires that the business or individual obtain a ministry approval or register on the Environmental Activity and Sector Registry. A licenced engineer is needed to complete these requirements.
  • During the period, Mr. Arkell prepared and submitted registrations to the Environmental Activity and Sector Registry on behalf of clients engaged in activities that required a registration due to their potential to emit contaminant(s) to the air. 
  • In all cases, the registrations that Mr. Arkell prepared and submitted indicated that the required documents had been prepared by an engineer and also indicated an engineer licence number. However, this information was false. By committing these offences, Mr. Arkell impacted the registrations of three separate companies between July 2017 and January 2018.
  • The ministry's Investigations and Enforcement Branch investigated and laid charges resulting in three convictions.

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