Environment and Climate Change Canada (ECCC) announced on May 1 that it has laid a staggering 200 charges against ArcelorMittal Canada inc. for alleged violations of the federal Fisheries Act. The charges, laid on April 30, pertain to the prohibited deposit of deleterious substances into waterways frequented by fish, or in locations where such substances could enter those waters.

The allegations stem from multiple investigations conducted by ECCC enforcement officers into the operations of ArcelorMittal's Mont-Wright mining complex and the Fire Lake mine, both situated in the Fermont region of Quebec. The alleged incidents are reported to have occurred over an extended period, spanning from May 2014 to June 2022.

Subsection 36(3) of the Fisheries Act explicitly prohibits the deposit or the permission of the deposit of any deleterious substance into water bodies inhabited by fish or in any area where the substance could potentially enter such waters. A deleterious substance is defined as any material that, if introduced into water, could degrade or alter its quality to an extent that it becomes harmful to fish. Examples of such substances include Zinc, Nickel, suspended solids, and acutely lethal effluents.

While the specific details of each of the 200 charges have not been publicly disclosed, the sheer number underscores the seriousness with which ECCC is treating these alleged environmental violations. The investigations suggest a pattern of potential infractions over a significant timeframe.

ArcelorMittal Canada inc. operates the Mont-Wright mining complex and the Fire Lake Mine in partnership with ArcelorMittal Mining Canada G.P. Both mining operations are subject to the regulations outlined in the Fisheries Act, as well as the specific provisions of the Metal and Diamond Mining Effluent Regulations.

Of particular concern is the location of the alleged deposits. The waterways in question are identified as tributaries of the Moisie River, a significant water body recognized as a provincially planned aquatic reserve. Furthermore, the Moisie River is renowned as one of the largest and most important Atlantic salmon rivers in North America, highlighting the potential ecological sensitivity of the affected areas.

The Fisheries Act outlines two categories of charges: those by summary conviction and those by indictment. The charges laid against ArcelorMittal Canada inc. are by indictment, which typically signifies more serious alleged offences and carries potentially more severe penalties upon conviction.

In a statement released yesterday, Environment and Climate Change Canada emphasized its commitment to safeguarding the health, safety, and environment of Canadians. The agency underscored its rigorous enforcement of laws designed to protect Canada's air, water, and Natural Environment, stating that it takes pollution incidents and environmental threats with the utmost seriousness.

All charges against ArcelorMittal Canada inc. are currently before the Court and have not yet been proven. Under Canadian law, the company is presumed innocent until proven guilty.