Da Feng Farms owner fined $35,000 for Ontario Water Resources Act violation

COBURG — On August 16, 2023, 2643302 Ontario Inc. (operating as Da Feng Farms at the time of the offences) was convicted of three violations (counts) under the Ontario Water Resources Act (OWRA), fined $35,000 plus a victim fine surcharge of $8,750, and given 180 days to pay. The court issued a suspended sentence on one count to determine whether an additional fine should be imposed. As part of sentencing, the court issued an Order to the defendant under Section 112 of the OWRA requiring the company to complete several actions items, with a final compliance deadline of September 9, 2024. On November 27, 2024, following a final sentencing hearing, the court withdrew the conviction on the third count as the company appeared to have complied with the terms of the Section 112 Order.

The convictions are for failing to comply with the conditions of a ministry Order and causing or permitting the discharge of a material into Port Britain Creek, which impaired the quality of the water.

The offences occurred on various dates between January 29, 2021, and October 25, 2021.

In July 2020, ministry staff inspected the site after receiving several public complaints reporting sediment run-off into the Port Britain Creek. Ministry staff determined that the site was the cause of the run-off, which impaired the quality of water.

As a result of inspections by both the ministry and the Federal Department of Fisheries and Oceans Canada, three Orders were issued to the company between January and April 2021.

The company failed to comply with one of the Orders, namely by failing to take steps to prevent any discharges at the site and subsequently failing to notify the ministry by the deadline.