Issues of health and safety are becoming top concerns for businesses. While workplace safety has traditionally been a matter for occupational health and safety regulatory enforcement, on March 31, 2004, as a result of Bill C-45, safety at the workplace became a matter for criminal enforcement as well.
Bill C-45 amended the Criminal Code to impose a new duty on organizations and corporations to ensure workplace health and safety. This new duty, which is contained in the criminal negligence provisions of the Criminal Code under s. 217.1, requires that “everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task”. The word “everyone” includes individuals, organizations, and corporations. Should a workplace accident occur, the amendments made by Bill C-45 have made it possible for a corporation (or its supervisors or representatives) to be charged with criminal negligence.
Beyond reasonable doubt
Bill C-45 amended the Criminal Code to impose a new duty on organizations and corporations to ensure workplace health and safety. This new duty, which is contained in the criminal negligence provisions of the Criminal Code under s. 217.1, requires that “everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task”. The word “everyone” includes individuals, organizations, and corporations. Should a workplace accident occur, the amendments made by Bill C-45 have made it possible for a corporation (or its supervisors or representatives) to be charged with criminal negligence.
Beyond reasonable doubt
