$100,000 in remediation and $15,000 in fines
Unauthorized shoreline works cost property owners more than $100,000 in restoration expenses and fines of $15,000
Fines totaling $15,000 were imposed at a sentencing hearing in Provincial Offences Court, on September 11, 2024, for work undertaken without a permit in the Beach O’ Pines area south of Grand Bend. The court imposed fines totaling $10,000 to Ryan Finch and fines of $2,500 each to Brian Finch and Georgina Finch. The fines are in addition to more than $100,000 in costs incurred by the defendants to restore and remediate the properties.
The defendants had previously entered guilty pleas in Provincial Offences Court on December 5, 2022, for undertaking work along the shoreline without the required permits and in a location where work was not permitted.
The decision of the presiding Justice of the Peace noted that the defendants “…ignored the order to stop work and they directed their contractor to carry on after receiving notice that the works were noncompliant and needed to stop.”
An important sentencing factor, according to the Justice, was “… the initial and blatant disregard the owners had regarding the potential environmental impacts when they decided to commence the work without permits and to continue those works after they were ordered to stop.” The Court’s decision outlined the defendants have “…since learned the financial, personal and community impacts resulting from their decision to ignore that order…” and “…have taken responsibility and taken appropriate steps since the December 2022 plea.”
The decision noted that the defendants would have incurred fewer costs had they taken the appropriate steps in the first place and had they stopped the work when advised to do so.
The fines imposed on the Finches are in addition to $13,500 in fines imposed on contractor Richard Webb following a guilty plea entered on December 07, 2021.
Daniel King, Water Resources Engineer and Provincial Offences Officer with the Ausable Bayfield Conservation Authority (ABCA), said construction and other development legally requires conservation authority approval in all regulated areas.
“Most property owners and contractors contact the ABCA early to obtain the required permits but prosecution is necessary, in some cases, when work has taken place without permits,” he said. King outlined that permits are required for work in regulated areas, through Province of Ontario legislation including, but not limited to, Ontario Regulation (O. Reg.) 41/24: Prohibited Activities, Exemptions and Permits, under Conservation Authorities Act, R.S.O. 1990, c. C.27. King also noted that that new regulations, introduced by provincial updates to the Conservation Authorities Act, have increased possible fines up to a maximum of one million dollars.
Calling conservation authority staff first can help a property owner to avoid costly and avoidable fines, the costs of removing unapproved works and restoring a property, and even legal costs and time in court. “If you are considering possible development on your property, call us first to find out if a permit is needed,” King said. “Contacting us early can save you unnecessary costs later.”
ABCA encourages property owners and their agents to contact Daniel King at ABCA at 519-235-2610 or toll-free 1-888-286-2610, extension 224, email dking@abca.ca