$65,000 Fine and Additional Payment of $175,000 Imposed for Endangered Species Act and Provincial Parks and Conservation Reserves Act Violations

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Convicted - The West Nipissing Company Inc., Deep Construction 2018 Inc. and Timothy Zaba

Court Location - North Bay

Description of Offence -

The convictions are for:

• damaging or destroying the habitat of an endangered species, namely Lake Sturgeon (The West Nipissing Company Inc., Deep Construction 2018 Inc. and Timothy Zaba)

• unlawfully using or occupying land in a Conservation Reserve (The West Nipissing Company Inc.)

• placing rocks in a Conservation Reserve without the authority of a work permit (Deep Construction 2018 Inc.).

Date of Offences - Beginning on or about January 1, 2023, and ending on or about April 22, 2023

Date of Convictions - October 9, 2025, and March 6, 2026

Penalties Imposed -

• The West Nipissing Company Inc. was convicted of one violation under the Endangered Species Act and issued a nominal fine of $1. As part of sentencing, a Court Order was issued to The West Nipissing Company Inc. requiring the company pay $50,000 to the Anishinabek/Ontario Fisheries Resource Centre, for the purpose of assisting in the protection or recovery of Lake Sturgeon. Payment must be completed by September 6, 2027.

• The West Nipissing Company Inc. was also convicted of one violation under the Provincial Parks and Conservation Reserves Act, fined $20,000 plus a victim fine surcharge of $5,000, and given 18 months to pay. As part of sentencing, a Court Order was issued requiring The West Nipissing Company Inc. to apply for a work permit to dismantle and remove the boat launch and floating docks currently occupying the Cache Bay Conservation Reserve.

• Deep Construction 2018 Inc. was convicted of one violation under the Endangered Species Act, issued a nominal fine of $1, and given 12 months to pay. As part of sentencing, a Court Order was issued requiring Deep Construction 2018 Inc. to pay $100,000 to Anishinabek/Ontario Fisheries Resource Centre to assist in the protection or recovery of Lake Sturgeon. Payment must be completed by September 9, 2026.

• Deep Construction 2018 Inc. was also convicted of one violation under the Provincial Parks and Conservation Reserves Act, fined $20,000 plus a victim fine surcharge of $5,000 and given 12 months to pay.

• Timothy Zaba was convicted of one violation under the Endangered Species Act, fined $25,000, plus a victim surcharge of $6,250 and given 12 months to pay. As part of sentencing, a Court Order was issued requiring Timothy Zaba to pay $25,000 to Anishinabek/Ontario Fisheries Resource Centre for the purpose of aiding in the protection and/or recovery of Lake Sturgeon. Payment must be completed by April 9, 2027.

Background -

• The West Nipissing Company Inc. (TWNCI) is an active Ontario corporation. In the summer of 2022, TWNCI purchased a property at 955 Quesnel Road, West Nipissing, Ontario, which is located along the Sturgeon River.

• TWNCI hired Timothy Zaba (Zaba) in the fall of 2022 to carry out and oversee work at the Site. In January 2023, Zaba sub-contracted Deep Construction 2018 Inc. (Deep Construction) to assist with shoreline work along the Sturgeon River.

• The Cache Bay Wetland Conservation Reserve is a 3,926 hectares parcel of Crown land located on the north shore of Lake Nipissing and along the Sturgeon River. The boundaries of the conservation reserve extend up to the water's edge of the Site.

• The Provincial Parks and Conservation Reserves Act (PPCRA) prohibits any person from occupying land within a conservation reserve unless they receive occupational authority under the Act to do so. The PPCRA also prohibits anything to be placed or constructed within a Conservation Reserve without a work permit.

• Lake Sturgeon (Great Lakes - Upper St. Lawrence populations) is listed as endangered on the Species at Risk in Ontario List.

• A population of Lake Sturgeon residing within Lake Nipissing migrate annually up the Sturgeon River in the late spring to spawn. Once hatched, juvenile sturgeon will drift downstream and rely on the shallower portions of the river to feed on aquatic invertebrates as well as hide from predators. The shallow waters and shores of the Sturgeon River along the Site contain critical habitat for Lake Sturgeon.

• In March of 2023, Deep Construction and Zaba began to excavate and extend the shoreline of the Site into the Sturgeon River (and consequently, into the conservation reserve) using soil and several loads of rock.

• In May of 2023, Ontario Parks staff visited the Site and observed that approximately 300 feet of shoreline along the Sturgeon River had been extended and an unauthorized boat launch had been constructed out of rock. During the summer of 2023, TWNCI also installed several floating docks along the shore. The activities constitute an unlawful occupation of the Cache Bay Wetland Conservation Reserve.

• The removal of vegetation and placement of rocks within the shores of the Sturgeon River damaged and destroyed critical habitat that Lake Sturgeon rely upon for spawning, rearing, and feeding.

• TWNCI, Deep Construction, and Zaba failed to exercise due diligence to determine whether the shoreline contained Lake Sturgeon habitat or whether the work would occur within the Cache Bay Wetland Conservation Reserve. Consequently, they failed to seek or obtain any of the necessary approvals or permits under either the ESA or the PPCRA prior to beginning the work.

• The ministry's Environmental Investigations and Enforcement Branch investigated and laid charges which resulted in the convictions.

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