Violations under the Migratory Birds Convention Act, 1994, result in $5,750 Fine

BARRIE, Ont. — December 2, 2011 —Brookfield Residential Services Ltd. of Toronto, GNA Enterprises, and Robert J. McLarty of Collingwood, Ontario, all pleaded guilty on November 28 in the Ontario Court of Justice to two counts each for violations under the Migratory Birds Convention Act, 1994. These violations concern unlawfully destroying Swallow (hirundinidae spp.) nests and disturbing eggs.

A combined total of $5,750 in fines were ordered to be paid by Brookfield Residential Services Ltd. ($2,500), GNA Enterprises – also known as 2055829 Ontario Limited ($2,500), and McLarty ($750), and were all directed to the Environmental Damages Fund. 

In June 2011, Environment Canada’s Enforcement Branch launched an investigation after a public complaint was received, advising of an incident involving the removal of birds nests from buildings located within the community of Lighthouse Point in Collingwood. The investigation revealed that between June 3 and June 10, 2011, GNA Enterprises removed migratory bird nests without a permit, some of which held eggs. The nests were removed from several buildings at Lighthouse Point. GNA Enterprises had been hired by Brookfield Residential Services Ltd., under the direction of McLarty, Senior Property Manager, resulting in charges to both companies and to McLarty.

Administered by Environment Canada, the Environmental Damages Fund was created in 1995 to provide the courts and companies with a mechanism to direct monetary penalties and settlements to investments in the restoration of the environment.

Source: Environment Canada

Further information on the Migratory Birds Convention Act1994, may be found at http://www.ec.gc.ca/alef-ewe/.

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