Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 22 MAY 2015

Workplace Injuries And Risk Regarding Companies' Criminal Responsibility

Norton Rose Fulbright Canada LLP
Explore more from Norton Rose Fulbright Canada LLP

Since the amendments to the Criminal Code in 2004, Parliament armed itself with an arsenal of legal weapons aiming to facilitate criminal prosecutions against organizations in case of workplace injuries.

CanadaEmployment and HR
Andréane GiguèRe
Andréane GiguèRe
Author LinkedIn connections

Since the amendments to the Criminal Code in 2004, Parliament armed itself with an arsenal of legal weapons aiming to facilitate criminal prosecutions against organizations in case of workplace injuries.

These amendments provide that any act or omission that constitutes the failure of a legal duty reflecting wanton or reckless disregard for the life or safety of others, and which results in death or injury can not only entail the personal criminal liability of directors, officers and employees who have committed the offense but also the criminal liability of the employer as an "organization" within the meaning of the Criminal Code.

This being said, the Criminal Code clearly establishes an employer's obligation of supervision. This entails that any organisation which is involved with performance of work must take the necessary measures to prevent bodily harm to any person, including the employees doing the work. Not doing so may lead to very heavy consequences.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.
CanadaEmployment and HR
Cassels
Cassels
Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Bill C-39: A New Framework For Federal Collective Labour Relations

Bill C-39, the Building Canada Strong Act, proposes significant amendments to the Canada Labour Code that will reshape collective bargaining timelines, ministerial intervention powers, and union certification processes for federally regulated employers. The legislation introduces new conditions for government intervention in labour disputes, accelerates bargaining deadlines for certain collective agreements, and expands obligations for airport service providers.
CanadaEmployment and HR
Langlois Avocats
Langlois Avocats
Article

Unsubstantiated Findings In Workplace Investigations: What To Do When You Can’t Decide

When workplace investigators face difficult decisions, many default to marking allegations as "unsubstantiated" to avoid risk. However, this seemingly safe approach carries significant organizational costs, undermines complainant trust, and often stems from insufficient training in credibility assessment and the balance of probabilities standard.
CanadaEmployment and HR
RT Workplace Training & Consulting Inc.
RT Workplace Training & Consulting Inc.