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Food Manufacturer fined $25,000 for Environmental Protection Act Violation

Court Bulletin

Food Manufacturer fined $25,000 for Environmental Protection Act Violation

Convicted - CMS Ontario Limited

Court Location - Toronto

Description of Offence - The conviction relates to the company operating, altering and extending its facility without the required ministry approval.

Date of Offence - During the period beginning on or about April 16, 2016 and ending on or about March 27, 2018.

Date of Conviction - April 17, 2019

Penalty Imposed - CMS Ontario Limited was convicted of one violation under the Environmental Protection Act and was fined $25,000 plus a victim fine surcharge of $6,250 and was given 60 days to pay the fine.

Background:  

  • CMS Ontario Limited operates a fruit fillings plant (for use in the bakery industry) at a facility on Norfinch Drive in Toronto.
  • In late May 2015, the facility underwent an expansion which included a new one storey addition consisting of a new freezer, cooling storage unit, and support equipment including a cooling tower.
  • On July 15, 2016, the ministry conducted a facility inspection and observed operational equipment that was emitting noise and required a ministry approval. As a result, a ministry inspection report was provided to the company, instructing the company to obtain a ministry approval with the assistance of a qualified professional.
  • Follow up inspections between the July inspection date and March 27, 2018 identified that the company continued to operate, alter and extend its food manufacturing plant at the facility without the proper approvals.
  • The ministry's Investigations and Enforcement Branch investigated and laid charges resulting in one conviction.

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