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ARTICLE · 09 MARCH 2017

MOL Clarifies Its Interpretation Of "Critical Injury"

Dentons Canada LLP
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The Ontario Occupational Health and Safety Act requires employers to report fatalities and "critical injuries" to the Ontario Ministry of Labour.

CanadaEmployment and HR
Chelsea Rasmussen
Chelsea Rasmussen
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The Ontario Occupational Health and Safety Act requires employers to report fatalities and "critical injuries" to the Ontario Ministry of Labour.

The Ministry of Labour has recently released clarification on its interpretation of "critical injury" – in particular, clauses 1(d) and (e) of the definition of "critical injury". It is important to note that this is not an amendment to the definition of "critical injury"; rather, it is an update to the Ministry of Labour's internal interpretation, which interpretation courts do not have to accept.

Section 1 of Ontario Regulation 834 under the OHSA defines "Critical Injury" as an injury of a serious nature that,

  1. places life in jeopardy,

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