Companies fined in case of engineer who drowned at Nova Scotia Power reservoir

Three companies have been ordered to pay a total of $260,000 for health and safety violations after an engineer drowned while working at a Nova Scotia Power reservoir in 2020. 

Andrew Gnazdowsky died on Oct. 16, 2020, after he went into the water to try to retrieve a piece of floating survey equipment that had malfunctioned in a reservoir in Sheet Harbour, N.S. 

In Halifax provincial court on July 3, Judge Elizabeth Buckle sentenced Gnazdowsky's employer, Brunswick Engineering and Consulting, to pay $102,000 in penalties for two violations of Nova Scotia's Occupational Health and Safety Act. 

She found the Saint John company failed to ensure safe work practices related to working on water — and using equipment on water — were adequate and implemented, and that the company failed to provide rescue equipment when there was a risk of drowning.

Buckle granted a judicial stay for a third count that Brunswick Engineering had been convicted of related to failing to ensure safe work practices. 

Gemtec Consulting Engineering and Scientists Ltd. of Fredericton was fined $61,750 and Nova Scotia Power was fined $96,250, both for failing to ensure Brunswick Engineering employees were provided with rescue equipment due to the risk of drowning. There was no rescue boat on site when Gnazdowsky died.  

The Public Prosecution Service said the penalties would include victim surcharges and each company was ordered to make a $10,000 contribution to a provincial trust fund that supports training, education and awareness projects.

The Department of Labour said groups such as unions, non-profits and workplaces can apply for up to $25,000 per year for initiatives that aim to improve workplace and industry safety.  

The three companies were charged in 2022 and convicted in August 2024.

During a two-day sentencing hearing in March, Gnazdowsky's mother, father and sister — who was vocal about calling for accountability following her brother's death — were among the 15 people who delivered victim impact statements. They told the court their family would "never be the same" and they've struggled since the tragedy. 

Defence lawyers representing the three companies had argued penalties should reflect the offence their clients were convicted of and nothing more, pointing out the absence of a rescue boat didn't directly cause Andrew Gnazdowsky to die. They proposed fines ranging from $30,000 for Gemtec to $50,000 for Nova Scotia Power. 

Crown prosecutor Alex Keaveny had argued a maximum fine of $200,000 for Nova Scotia Power would act as a deterrent to other companies.