Algoma Steel facing two charges in connection with 2022 spill

Algoma Steel is facing environmental charges in relation to a spill two years ago — including an allegation that the company failed to notify the Ministry of the Environment about the incident.

In an April 4, 2024 filing at Provincial Offences Court, an inspector alleges that Algoma Steel failed to notify the Ministry of the Environment about a spill that occurred on or about June 17, 2022.

The company is charged under Section 92 (1) (a) of the Environmental Protection Act and section 30(2) of the Ontario Water Resources Act.

The charges have yet to be tested in court. When contacted on Thursday, the company offered a no comment about the charges, as well as a second set of charges the company is facing from the Ministry of Labour for an unrelated death of a contract employee in 2023.

"At this time I am going to decline to comment on any matter that is before the court," said Laura Devoni, Algoma Steel's director of Strategy, Corporate Affairs and Sustainability.

A spill on the St. Marys River was reported on SooToday on June 9, 2022. It is unclear at this time if the charges were laid in relation to that spill or if there was a second incident eight days later.

"The focus of the ministry’s charges, as per the information sworn, is around the spill on or about June 17, 2022," said ministry spokesperson Gary Wheeler in an email. "As the matter is before the courts, it would be inappropriate to comment further."

The June 9 oil spill prompted Algoma Public Health to issue a public advisory warning residents downstream from the plant not to consume, swim or bathe in water drawn from the St. Marys River. The advisory also warned that the river should not be used for recreational purposes, such as kayaking and fishing.

A transcript of an arbitration hearing from 2023 provided insight into how Algoma Steel managed to hemorrhage more than 20,000 litres of oil from its Sault Ste. Marie steel plant. Algoma Steel alleged a toothpick had been used by an employee to circumvent new safety protocols put in place as a result of the June 9, 2022 spill.

While the U.S. Coast Guard reported that more than 20,000 litres of oil entered the St. Marys River, both the transcript of the arbitration hearing and information from ministry suggest that only a "small quantity" of the oil actually made its way into the waterway.

The ministry told SooToday the fines Algoma Steel is facing in relation to the charges will depend on whether the company is convicted on both counts. It would not say how many convictions the company has already had under the acts.

Count 1
187(4) Every corporation convicted of an offence described in subsection (3) is liable, for each day or part of a day on which the offence occurs or continues, to a fine of,
(a)  not less than $25,000 and not more than $6,000,000 on a first conviction;
(b)  not less than $50,000 and not more than $10,000,000 on a second conviction; and
(c)  not less than $100,000 and not more than $10,000,000 on each subsequent conviction.  2005, c. 12, s. 1 (57).

Count 2
(2) Every corporation convicted of an offence described in subsection (1) is liable, for each day or part of a day on which the offence occurs or continues, to a fine of,
(a)  not less than $25,000 and not more than $6,000,000 on a first conviction;
(b)  not less than $50,000 and not more than $10,000,000 on a second conviction; and
(c)  not less than $100,000 and not more than $10,000,000 on each subsequent conviction.  2005, c. 12, s. 2 (34).

— with files from James Hopkin