Progress Energy is on the hook for $250,000 after running afoul of federal wildlife laws.

The company entered a guilty plea in a Fort St. John courtroom for violating the Migratory Bird Convention Act when it left waste used in a natural gas well uncovered in an area frequented by birds.

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“Environment Canada’s investigation determined that on May 3, 2012, migratory birds died as a result of their exposure to condensate, a form of petroleum liquid hydrocarbon, which was contained in an open, above-ground, holding tank at a Progress Energy site approximately 25 km west of Wonowon and 100 km northwest of Fort St. John,” wrote Natalie Huneault, a spokesperson for Environment Canada.

“There were no deterrence measures in place to limit the birds' access to the open, above-ground, holding tank that is about 45 metres in diameter and 3.6 meters high," the spokesperson added.

It is the largest fine issued from Environment Canada so far this year.

Seventeen mallard ducks were found dead after coming into contact with hydrocarbons on the surface of the liquid in the tank.

The ducks were found in a container holding produced water at a Progress Energy–owned site, said Stacie Dley, a spokesperson for the company.

Ken Pischke, Progress Energy’s Senior Vice-President of Development, wrote in an e-mail that the incident was self-reported by the company.

“As a result of the incident, we have significantly improved our wildlife controls, which include netting and flags, in order to deter animals from coming into contact with water in our storage containers,” he wrote.

Progress will have to pay a $5,000 fine, $122,500 to environmental charities, plus an extra $122,500 to the Environmental Damages Fund.

“The EDF is a specified purpose account, administered by Environment Canada, to provide a mechanism for directing funds received as a result of fines, court orders, and voluntary payments to priority projects that will benefit our natural environment,” their website states.

The remainder of the fine will be split “equally” towards three different charities, according to Dley.

“We support the court’s order that a portion of our amends be directed towards Trout Unlimited, Ducks Unlimited and the Mugaha Marsh Banding Station,” wrote Pischke. “These groups have excellent reputations and do good work in support of wildlife habitat preservation and restoration in the local area.”

Ducks Unlimited, Trout Unlimited, and the Mackenzie Nature Observatory — of which the Mugaha Marsh Banding Station is a part — are all wildlife organizations and registered charities.

Cheryl Yeung, a communications officer for the Canada Revenue Agency, said the donations are not tax deductible for the company.

Normally, donations of cash, goods, lands or listed securities to a registered charity are eligible for a tax credit. But Yeung said that donations must be given freely to be eligible.

“If a donation is made as a result of a contractual or other obligation [for example, a court order] it is not eligible for a receipt.”

reporter@ahnfsj.ca