R v. GF Construction Limited

R v. GF Construction Limited

A "topsoil removal operation" for regulatory purposes includes the total ground disturbance or excavation made for the purpose of removing topsoil (including roads, sorting plants and work areas); the proponent's stated ultimate purpose does not exempt the activity from the approval requirement; on the evidence the disturbed area exceeded 1 hectare and the defendants committed the offences.

Citation
2023 NSPC 1
Parties
Crown: His Majesty the King; Defendant: GF Construction Limited; Defendant: Gerald Fulton
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 January 2023
Procedural Posture
Criminal (environment Act Offences) / Trial Judgment on Guilt
Outcome
Defendants found guilty and convicted of operating a topsoil removal operation without ministerial approval and contravening an inspector's directive
Legal Topics
Topsoil Removal, Activities Designation Regulations, Inspector's Directive, Approval Requirement, Due Diligence / Honest Belief Defence
Source Language
English
Environmental Law Statutory Interpretation Criminal/regulatory Enforcement Topsoil Removal Activities Designation Regulations Inspector's Directive Approval Requirement Due Diligence / Honest Belief Defence

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Parties

His Majesty the King

Crown

GF Construction Limited

Defendant

Gerald Fulton

Defendant

Procedural Posture

Criminal (environment Act Offences) / Trial Judgment on Guilt

Legal Issues

  1. 1 Whether a "topsoil removal operation" exceeded one hectare
  2. 2 Whether the qualifier "for the purpose of removing topsoil" imports the proponent's stated ultimate purpose
  3. 3 Whether ancillary disturbances (roads, sorting plant, work areas) are included in measuring the ground disturbance

Ratio Decidendi

A "topsoil removal operation" for regulatory purposes includes the total ground disturbance or excavation made for the purpose of removing topsoil (including roads, sorting plants and work areas); the proponent's stated ultimate purpose does not exempt the activity from the approval requirement; on the evidence the disturbed area exceeded 1 hectare and the defendants committed the offences.

Court Disposition

Defendants found guilty and convicted of operating a topsoil removal operation without ministerial approval and contravening an inspector's directive

Orders

  • Judgment: defendants guilty of offences under s.50(2) and s.158(ha) of the Environment Act
  • Judgment accordingly