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Fergus, ON N1M 1T7

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Smith Valeriote Lawyers Blog | Smith Valeriote LLP Law Firm Guelph

Criminalization of Health and Safety for Organizations

On May 9, 1992 an explosion at the Westray Mining site in Nova Scotia killed 26 miners. Charges were subsequently laid against the company and the two mine managers and after five years in the Courts, proceedings were terminated. Throughout this period governments were struggling with a way to modernize some of the Criminal Code definitions and to codify rules for attributing criminal liability to organizations.

As a result, on April 1, 2004 amendments were implemented to the Criminal Code (a federal statute) whereby there now is a legal duty to ensure the safety of workers and the general public. Known as "Bill C-45" this law effectively brings into the Criminal Code occupational health and safety obligations and violations.

The legislation changes the Criminal Code to say that "everyone" (in addition to an individual) may be an "organization". It then defines "organization" to not just be an incorporated entity but to include a firm, partnership, trade union or municipality or an association of persons that is created for a common purpose, has an operational structure and holds itself out to the public as an association of persons.

To view the entire article please click the pdf link below.

Criminalization of Health and Safety for Organizations

The content of this article is intended to provide a general guide to the subject matter and is not legal advice. Specialist advice should be sought regarding your specific circumstance.

Date:
2017.10.03

Services:
Employment Law

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SmithValeriote Law Firm LLP has 30 lawyers servicing the province of Ontario including the communities of Waterloo, Kitchener, Fergus, Cambridge, Elora and Guelph.

Smith Valeriote - Map to Guelph Offices

Guelph Office

105 Silvercreek Pkwy. N.
Suite 100 Guelph, ON N1H 6S4

Phone: 519 837 2100
Fax: 519 837 1617

Toll Free: 1 800 746 0685

Email: guelphinfo@smithvaleriote.com

Smith Valeriote - Map to Fergus Offices

Fergus Office

265 Bridge Street
Fergus, ON N1M 1T7

Phone: 519 843 1960
Fax: 519 843 6888

Toll Free: 1 800 746 0685

Email: fergusinfo@smithvaleriote.com