Two construction companies convicted of EPA violations during work in Kingston

During the construction of a now open retirement home in Kingston’s west end, two construction companies violated ministerial orders as well as the Environmental Protection Act, according to the Government of Ontario.

At the time of the offences, the companies, Ostim Ltd. out of Toronto and Pomerleau Inc. out of Ottawa, were working on the construction project located behind the McDonald’s at the corner of Princess Street and Midland Avenue, now known as Cataraqui Heights Retirement Residence.

The offences, which involved the use of expanded polystyrene foam and failure to comply with directives of the Ministry of the Environment, Conservation and Parks (MECP), took place on “various dates” from September to November 2021.

According to the ministry, Pomerleau Inc. was retained as the general contractor for the construction of the retirement home, and subsequently subcontracted Ostim Ltd. to complete stucco work. More specifically, the ministry explained in a court bulletin, Ostim was contracted to install “an exterior insulation and finishing system (EFIS),” commonly known as stucco, on the exterior of the residence while it was under construction.” The stucco treatment was used as an exterior wall of the building.

The work carried out by Ostim was “installed using a multi-layered process” involving a layer of expanded polystyrene (EPS) foam. Part of the installation involved a procedure called “rasping,” which used “specialized tools to shave or trim the EPS foam,” the provincial government explained – this process creates a smooth surface for the application of the stucco.

The rasping process also “created EPS foam particles as a by-product,” the MECP stated, noting the installation occurred between the summer of 2020 and the fall of 2021.

Coincidentally, the same construction site was the subject of Kingstonist coverage of a COVID-19 outbreak there in May of 2021. That outbreak led to the local Public Health agency urging construction workers — at the Cataraqui Heights site and other sites — to be tested for the coronavirus.

In August 2021, the ministry received public complaints about foam particles “that were migrating from the site onto neighbouring residential properties,” the court bulletin detailed. Subsequently, the ministry issued a Provincial Officer’s Order to Pomerleau and Ostim.

“The Order required that the defendants cease the discharge of EPS foam particles, prepare a written plan to prevent the discharge of EPS foam particles from the site including control measures to be implemented, and notify the ministry at least one day in advance of any rasping activities at the site,” the Ministry of the Environment stated.

But the company did not comply with those requirements. The province stated that on September 17, 2021, Ostim performed rasping in an area without the control measures required to be implemented by the order. As a result, foam particles were discharged from the site, the court document explained, and the MECP had not been notified of the rasping beforehand, as required by the order.

“This discharge of EPS foam particles from the site resulted in off-site impacts and interfered with a neighbour’s ability to use their property. An Environmental Compliance Officer attended the impacted neighbourhood and observed evidence of EPS foam on neighbouring properties and on city streets,” the ministry wrote.

“As a result of further complaints, in September 2021, an amending Order was issued to Ostim and Pomerleau requiring them to notify the ministry at least one business day in advance of any rasping activities at the site. The Order also required the defendants to provide the ministry with the location to be rasped and photos of the enclosure covering the work area in question.”

According to the Ontario government, that didn’t happen. Having not received any information related to rasping activity, the ministry contacted Pomerleau in October 2021 to inquire about such activities.

A month later, the provincial ministry heard back from the Ottawa firm.

“In November 2021, Pomerleau notified the ministry that rasping at the site had been completed and rasping activities had taken place during the week of October 11, 2021. No notification of any rasping activities had been provided to the ministry, as required by the Order,” the court bulletin concluded.

“The ministry’s Environmental Investigations and Enforcement Branch investigated and laid charges which resulted in the convictions.”

On November 18, 2024, Ostim Ltd. was convicted of one violation under the EPA. This conviction was “for discharging a contaminant, namely Expanded Polystyrene foam, into the environment causing an adverse effect,” the MECP said. The company was fined $45,000 plus a victim fine surcharge of $11,250. Ostim was given 180 days to pay those fines.

On March 24, 2025, Pomerleau Inc. was convicted of one violation under the EPA. This conviction was for “failing to comply with a Provincial Officer’s Order by failing to notify the ministry of rasping activities at the site.” The company was fined $40,000 plus a victim fine surcharge of $10,000. Pomerleau was given 90 days to pay.

Since both of the deadlines for payment as ordered by the court have since passed, Kingstonist reached out to the Ministry of the Environment, Conservation and Parks to find out if the fines have been paid by either or both companies. No response was received by time of publication.

This article will be updated if/when further information becomes available.