AIM admits operating Moncton scrapyard without approval

American Iron and Metal Company Inc. has pleaded guilty to operating a scrapyard in Moncton without provincial approval. 

The Quebec-based company, also known as AIM, admitted it violated New Brunswick's Salvage Dealers Licensing Act on May 23. 

AIM's Saint John operation has drawn significant attention over the years because of explosions, fires and the deaths of two people. 

AIM has owned a scrapyard on Toombs Street in Moncton since March 1, according to property records.

Romain Viel, a lawyer representing the company, appeared in Moncton provincial court on Wednesday and pleaded guilty to the charge. 

Crown prosecutor Ashley Martin told the judge that a provincial inspector was at the site in May doing a final inspection and receipts indicated it was already operating. 

The company declined to say anything to the judge before being sentenced.

The Crown prosecutor sought a fine of $292.50, which Judge Luc Labonté imposed. The company was given 30 days to pay the fine.

Viel and a representative of the company declined to comment as they left the courthouse.

The provincial government last month wouldn't comment on whether AIM now has approval to operate given the case was still before a court.

CBC News asked the Department of Justice and Public Safety several questions about AIM, including whether it is now permitted to operate. 

The department did not answer the questions Wednesday. 

However, the site has been busy, with the loud noise and smells drawing the ire of residents who live in the residential area to the south. 

Several have signed a petition calling for the relocation of the operation and have contacted city hall. Some are expected to voice their concerns at Monday's city council meeting.

Palisade Drive resident Rachel Bordage said in an interview last month issues have increased lately. 

"I've noticed the definite increase in activity," Bordage said. "And it's getting much bigger and there's definitely more propane odour. There's more noise, it starts earlier, and goes later at night."

Bordage is among several residents who have been contacting officials about their concerns.

"I'm going to continue to write and see if I could get a response from anyone in the hope that maybe something can be done," Bordage said.

Deputy  Mayor Shawn Crossman, who represents that part of the city, said in an interview last week that there have been years of concerns about the industrial area, but issues seem to have become worse in recent months.

He said the scrapyard, previously owned by Tri Province Enterprises, has "grandfathered" municipal approval to be in that location. Crossman doesn't think it should stay.

"I think what has to happen is we need to get in a room with the residents, we need to get in a room with AIM, and the provincial government, and the federal government, and we need to talk about moving these industries away from residential areas," he said. 

"We need to relocate these and there needs to be a partnership between all levels of government and as well the corporations."

The scrapyard is regulated by the province, but Crossman said the city needs to make sure its bylaws are being followed.

City reviewing complaints

"The City's by-law department is currently investigating complaints regarding noise and unsightly premises and the Planning and Development department is reviewing the legal non-compliant use under the new ownership," Isabelle LeBlanc, Moncton's director of communications, said in an email Monday. 

Last month, LeBlanc said the scrapyard is a "legal non-conforming use" under the province's Community Planning Act. That means it continues to be allowed based on earlier rules, but would not be allowed with the site's current zoning.

The land is zoned for as an industrial park, zoning that in Moncton does not allow a scrapyard.

"The legal non-conforming use can continue under new ownership (ie. AIM)," LeBlanc wrote.

"Only a change in use would cease the legal non-conforming use or if it was discontinued for a period of 10 months, it could not start up again without approval of the Planning Advisory Committee."

LeBlanc said moving the operation isn't something the city can do. 

"Unfortunately the City can not legally require them to relocate," LeBlanc wrote.