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Drive Clean Shop and Owner fined $50,000 for Environmental Protection Act Violations

Court Bulletin

Drive Clean Shop and Owner fined $50,000 for Environmental Protection Act Violations

Convicted - 2068221 Ontario Inc. and Harmander Kandola

Court Location - Brampton

Description of Offence - The convictions relate to commiting the offence of submitting false or misleading information in electronic data to the ministry.

Date of Offence - During the period beginning on or about March 1, 2017 and ending on or about March 27, 2017.

Date of Conviction - July 24, 2019

Penalty Imposed - The defendants were jointly convicted of four violations (counts) under the Environmental Protection Act and were fined $50,000 plus a victim fine surcharge of $12,500 and were given 1 year to pay the fines.

Background

  • Harmander Kandola is the owner of 2068221 Ontario Limited, which operated as Hardial Auto Service, a Drive Clean Program facility in Brampton. 
  • During the period, the Drive Clean Program required that all program area vehicles obtain a valid Emissions Inspection Report to register or renew a vehicle licence plate. Hardial Auto delivered this type of testing and reporting, and Mr. Kandola was the sole certified Drive Clean inspector at the time of the violations. 
  • In 2017, the ministry became aware of suspicious Drive Clean activity at the site, which resulted in an audit review of the electronic data submitted to the Drive Clean Office. In March 2017, evidence indicated that several vehicles were "clean scanned" resulting in the offence of submitting false information to the ministry.
  • Clean scanning is a phrase used to describe a fraudulent activity where the on-board diagnostic system of a newer/cleaner vehicle (one that is known to produce a pass) is emissions tested, but the vehicle identification data for another vehicle (one that is known to fail the emissions test) is entered. This technique results in producing a passing Drive Clean test for a vehicle identification number that has not been tested.
  • The ministry's Investigations and Enforcement Branch investigated and laid charges resulting in the convictions.

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