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Media Release - T.O. Company Pleads Guilty Fine $10k

TORONTO-BASED COMPANY PLEADS GUILTY TO SAFETY VIOLATION, FINED $10,000

FOR IMMEDIATE RELEASE (Kitchener, ON, December 20, 2007). A Toronto-based company, 398701 Ontario Ltd., operating as Structural Restoration, pled guilty yesterday to one count of employing uncertified staff to install heating vents, contrary to provincial requirements under the Technical Standards and Safety Act, 2000 (the Act), and Ontario Regulation 212/01, Gaseous Fuels (Regulation).

The Ontario Court of Justice in Kitchener fined the defendant $10,000, plus the 25% Victim Surcharge, given the circumstances of the case.

398701 Ontario Ltd. and defendant John DeClute of Scarborough, Ontario were charged with using uncertified employees in the installation of heating vents in a multi-unit residential building at 400-440 Strasburg Road in Kitchener.

In October of 2005, property management for the Strasburg Road residences had discovered improperly connected heating vents as well as furnaces plugged with insulation. Upon closer investigation, the Technical Standards and Safety Authority (TSSA) determined that 398701 Ontario Ltd. (Structural Restoration) had not taken reasonable precaution of ensuring any of its agents or employees held a Gas Technician Certificate as required by Regulation.

Counsel representing 398701 Ontario Ltd. and John DeClute appeared in court on December 19, 2007 and subsequently pled guilty on behalf of the defendants.

“This conviction should send a clear, compelling message of safety to the community and all across the province,” says John Marshall, Director of TSSA’s Fuels Safety Program. In Ontario, all agents employed in the handling, storage, transportation or use of fuels must possess valid certification, as per Ontario Regulation 215/01, Fuel Industry Certificates.

"Prosecution for non-compliance is an important tool of enforcement," says Marshall. "However working with stakeholders toward compliance and cooperation, often in proactive partnership, is the cornerstone of fuels safety."

Full media release attached below.

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