MMAC
was sentenced to the maximum fine provided to wit: $1,000,000 of
which $400,000, payable upon conviction, is to be credited,
under sections 40(6) and (7) of the Fisheries Act, to the
Environmental Damages Fund and used for the decontamination of
Mégantic Lake and Chaudière River, which were directly impacted
by the spill of crude oil.
Under the Railway Safety Act (RSA), six
of the accused, all employees or senior officials of MMAC including
the President, Vice President of Transportation, and Director of
Operating Practice in the United States, pleaded guilty to one count
for omitting, after applying hand brakes, to ensure that a
sufficient force was present to prevent the equipment from moving,
contrary to paragraph 41(2)(d) of the RSA.
Five of the six individual accused, Michael
Horan, Jean Demaitre, Kenneth I. Strout, Lynne Labonte, and Robert
C. Grindrod, were sentenced to pay a fine of $50,000 each, which is
the maximum fine provided under the RSA. All the fines are payable
upon conviction. Another accused, the conductor of the freight
train, Thomas Harding, was sentenced to a conditional sentence of
imprisonment of 6 months with strict conditions, the maximum
provided by the RSA.
Morevover, although fines would normally be
paid to the Government of Canada, in this case, Transport Canada
agreed to redirect the total amount of $250 000 to the Fonds Avenir
Lac-Mégantic, a fund established in 2013 by the City of Lac-Mégantic
to help rebuild and ensure the economic recovery of the downtown
core.
The PPSC withdrew the remaining charges.
Following the train derailment in
Lac-Mégantic, Quebec on July 6, 2013, and the release of crude oil
that left 47 people dead, a joint investigation by Transport Canada
and Environment Canada revealed that the accused did not comply with
all applicable safety requirements.
The Public Prosecution Service of Canada is
responsible for prosecuting offences under federal jurisdiction in a
manner that is free of any improper influence and that respects the
public interest.
The PPSC is also responsible for providing
prosecution-related advice to law enforcement agencies
across Canada.
