C-45 Compliance Centre

When Bill C-45 became the law in 2004, it became easier to charge companies and individuals with criminal negligence under the Criminal Code for serious safety incidents in which people were critically injured or killed. Although there have not been many criminal negligence cases brought since C-45 took effect, the tide seems to be turning. So it’s critical that you understand the elements of a criminal negligence charge and how to protect your company and individuals, such as officers and directors, supervisors, JHSC members and even safety coordinators, from facing such a charge.

Guidance and Insight

fatality inquiries

Court finds breach of OHSA can support committal to trial on manslaughter charge under...

Lawyer Kevin MacNeill discusses a recent Québec Superior Court decision on manslaughter charges for a workplace fatality.

Excavation Supervisor Convicted of Criminally Negligent Homicide in NY

A recent conviction in NYC and a pending case in Nova Scotia may be signs that criminal negligence charges for safety incidents are becoming more common.

Project Manager Gets 3 ½ Years’ Jail for Ontario Scaffold Collapse Tragedy

A project manager was just sentenced to 3.5 years in jail for criminal negligence convictions related to a fatal scaffold collapse. Read about the court's reasoning for this sentence.

BRIEF SENIOR MANAGEMENT: Supervisor’s Act Can Be Basis for Criminal Liability

The Metron case confirms that the conduct of a someone on a lower level of the company hierarchy can be the basis for criminal liability for the company.

Corporate Criminal Liability for Pot-Smoking Foremen: When Do Their Acts or Omissions Become the...

A white paper looks at a recent ON criminal case that provides disturbing insight into the potential ability to make companies liable for the poor judgment, if not criminal behaviour, of field-level management.

Tools

C-45 Infographic

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Incident Investigation Forms

BENEFITS: Enables you to systematically capture the information you need to investigate and report incidents and identify potential problems that you can subsequently correct. HOW...

Dealing With Contractors – FORM

Using contractors can be a cost-effective way to secure vital services. But it can also create huge safety problems—especially when the contractor’s personnel  work at your facility. Maintaining a safe and healthy workplace for your own people is tough enough. It becomes an even greater challenge when your workplace is swarming with workers who you haven’t trained and may not even know. This can be a sure-fire recipe for injuries and liability, including criminal liability under C-45.

Contractor Health and Safety Questionnaire

A model questionnaire you can adapt for your own use that will help facilitate the collection and review of health and safety information.  Information that you will need to complete an a pre-qualification audit of potential contractors.

Laws and Announcements

inspectors

Compliance Alert: Ready or Not, Here Come the WHMIS Inspectors

The 3 things the inspectors will be looking for.

Employer Found Guilty of Criminal Negligence

Employer found guilty of criminal negligence causing the death of an employee In a recent decision of the Court of Quebec, Mr. Pasquale Scrocca,...

What to do About C-45

Question: What should you do to protect your organization, directors, officers, managers, supervisors, workers and, not least of all, yourself, against criminal liability under...

Criminal Negligence Charges Laid in Christmas Eve Scaffolding Deaths

Metron Construction Corporation along with three individuals related to the company have eachbeen charged with criminal negligence causing bodily harm and four counts of...

C-45’ing Company Officials: What’s Taken So Long?

Well hello, C-45. We’ve been expecting you. The notorious law that made corporate neglect of workplace safety a crime finally made its debutant appearance on...