Bill C-45

The Government tabled Bill C-45 on June 12, 2003. This bill established new legal duties for workplace health and safety, imposing serious penalties for violations that result in injuries or death. It also attributes criminal liability to organizations and corporations for the acts of their representatives, thus making these organizations responsible ultimately for these acts. It is now the legal duty for all persons directing work to take "reasonable steps" to ensure the safety of workers and the public.

Bill C-45 was created as a result of the 1992 Westray coal mining disaster in Nova Scotia where 26 miners were killed after methane gas ignited causing an explosion. Serious safety concerns had been raised prior to the disaster by the workers, union and government inspectors but very few of the recommended changes were instituted. After the disaster, a Royal Commission of Inquiry was established to investigate the disaster. In 1998, the Royal Commission made 74 recommendations. The findings of this commission led to the creation of Bill C-45.

Bill C-45 is now a part of the Canadian Criminal Code (Section 217.1). It has significant power, affecting both organizations and individuals who direct the work of others, anywhere in Canada. These organizations may include federal, provincial and municipal governments, corporations, private companies, charities and non-governmental organizations.

Bill C-45 is a separate piece of legislation that applies to the Canadian Criminal Code. It does not affect other federal, provincial or territorial occupational health and safety statutes or regulations. Although it operates independently of these other statutes and regulations, Bill C-45 does take into account any penalties imposed by these other jurisdictions.

Bill C-45 has done the following:

• Created rules which imposes liability to organizations for the acts of their representatives.
• Established a legal duty for all persons "directing the work of others" to take reasonable steps to ensure the safety of workers and the public.
• Set out the factors that courts must consider when sentencing an organization.
• Provided conditions of probation that a court may impose on an organization.

Three charges have been laid due to the rules outlined by Bill C-45.  While only one of these charges have resulted in a conviction, these cases have highlighted the seriousness of safety in the workplace.

• On March 17, 2008 a paving company was convicted of criminal negligence in the death of an employee. Based on the provisions of Bill C-45, the company was fined $100,000.
• On April 19, 2004 near Newmarket, Ontario, a worker was killed when the ground around him collapsed while digging a ditch. The construction site supervisor was charged under section 217.1 of the Criminal Code with one count of criminal negligence causing death. In 2005 these charges were dropped in a plea bargain when the supervisor agreed to 3 of the 8 charges raised under the Ontario Occupational Health and Safety Act.
• In June 2002 near Calabogie, Ontario, two people were killed in a flood when a gate to a hydroelectric dam was opened. Two supervisors were charged and later in 2006, were acquitted of criminal negligence causing death.