Due Diligence
How the two types of due diligence defence work, what your company has to do to prove it exercised due diligence and an annual scorecard of latest OHS prosecutions involving this defence.
Download the Environmental Compliance Insider’s 2011 Due Diligence Scorecard.
Law of the Year OHS Review In July, the Saskatchewan government announced a general timeline and process for its review of OHS administration, which was expected to conclude with the Council’s presentation of its report to the Minister of Labour Relations and Workplace …
Law of the Year Distracted Driving Bill 16, the Traffic Safety (Distracted Driving) Amendment Act, 2010, took effect Sept. 1. It bars drivers from reading, writing or attending to personal hygiene or grooming and holding/using hand-held, portable communication/entertainment devices, such as cell phones, laptops or …
A look at recent prosecutions for environmental violations that involved the due diligence defence.
Regulatory agencies have stepped up enforcement of OHS laws against companies, corporate directors, supervisors and even workers. But they generally don’t go after safety coordinators, that is, the individuals who actually run the company’s OHS program. However, there have been two successful OHS prosecutions of …
A fishing company was charged with violating the Canada Shipping Act, 2001 by failing to ensure a vessel’s machinery and equipment were inspected as required. The company argued that it had exercised due diligence by making many attempts to contact Transport Canada to schedule the …
A worker was killed at a customer appreciation event during the Calgary Stampede when he was struck in the head by a lever while operating a rented mechanical calf-roping machine. His employer was charged with two OHS violations for failing to take reasonable steps to …
A driver at a truck dealership was backing up a truck when he struck a co-worker who was trying to clear gravel from the truck’s path. The Ontario Court of Justice convicted the dealership of failing to require use of a signaller. [This decision was …
Environmental training can help you prove due diligence–or undercut your due diligence defence.








