Safety Update

Stay abreast of new developments in the OH&S field and gain insights by subscribing to the eCompliance safety update.

< back

Safety Update: Bill C-45

We have all heard of Bill C-45 (C-45) but what does it mean to your organization?

C-45 is not OHS Law it is Criminal Law. More specifically it is a series of amendments to the Canadian Criminal Code (effective March 2004). These amendments established that two kinds of "persons" can be found guilty of criminal negligence under C-45: An individual and a company.

C-45 now extends further than just requiring directors, officers, and corporate decision makers to "take reasonable steps" to protect workers or other persons against bodily harm arising from work; it now includes all individuals directing work or directing how work is done in the workplace. Since C-45 creates a legal duty to protect workers, a person can also be found guilty of criminal negligence if they "omit to do anything", in terms of section 219(1)(b) of the Criminal Code.

Tough penalties established by Bill C-45 help to ensure that any punishment matches the seriousness of the crime. The maximum fine for minor convictions is $100,000 and there is no set maximum fine for a more serious offence. In the case of a death, the maximum penalty for an individual convicted of criminal negligence is life imprisonment.

In order to limit exposure under Bill C-45 organizations should be able to prove due diligence by demonstrating that they have taken "reasonable steps" to protect workers.

The Topic for Next Week: "Due Diligence" - what does it mean?

Brought to you by www.eCompliance.ca - The leading provider of Compliance Management Solutions

LEGAL DISCLAIMER
eCompliance provides information about topical OH&S issues to assist existing and potential customers to cope with their own OH&S needs. It is not intended to be legal information or legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.