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ARTICLE · 12 NOVEMBER 2004

Do Your Commercial Agreements Reflect the Bill C-45 Amendments to Canada’s Criminal Code?

Poorly considered language in financing and other agreements could now expose unwitting organizations and supervisory employees to criminal liability for health and safety, environmental and other accidents. Fortunately, it’s relatively easy to develop appropriate language to mitigate that risk.

CanadaStrategy

Poorly considered language in financing and other agreements could now expose unwitting organizations and supervisory employees to criminal liability for health and safety, environmental and other accidents. Fortunately, it’s relatively easy to develop appropriate language to mitigate that risk.

Bill C-45, An Act to amend the Criminal Code (criminal liability of organizations) came into force on March 31, 2004. While it has received a lot of attention from an occupational health and safety perspective, the implications for other areas of law (i.e. environmental) and on commercial agreements remains largely unexplored.

The legislation results from a recommendation of the public inquiry into the Westray mine disaster in 1992. Bill C-45:

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