PART II — Occupational Health and Safety

Offences and Punishment

148General offence history

(1)

Subject to this section, every person who contravenes a provision of this Part is guilty of an offence and liable

(a)

on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

(b)

on summary conviction, to a fine of not more than $100,000.

If death or injury

(2)

Every person who contravenes a provision of this Part the direct result of which is the death of, serious illness of or serious injury to an employee is guilty of an offence and liable

(a)

on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

(b)

on summary conviction, to a fine of not more than $1,000,000.

Risk of death or injury

(3)

Every person who wilfully contravenes a provision of this Part knowing that the contravention is likely to cause the death of, serious illness of or serious injury to an employee is guilty of an offence and liable

(a)

on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

(b)

on summary conviction, to a fine of not more than $1,000,000.

Defence

(4)

On a prosecution of a person for a contravention of any provision of this Part, except paragraphs 125(1)(c), (z.10) and (z.11), it is a defence for the person to prove that the person exercised due care and diligence to avoid the contravention. However, no person is liable to imprisonment on conviction for an offence under any of paragraphs 125(1)(c), (z.10) and (z.11).

Presumption

(5)

For the purposes of this section, if regulations are made under subsection 157(1.1) in relation to health or safety matters referred to in a paragraph of any of sections 125 to 126 by which a standard or other thing is to be prescribed, that standard or other thing is deemed to be prescribed within the meaning of that paragraph.

R.S., 1985, c. L-2, s. 148; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 7, c. 26 (4th Supp.), s. 4; 1993, c. 42, s. 10; 2000, c. 20, s. 14

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149Minister’s consent required history

(1)

No proceeding in respect of an offence under this Part may be instituted except with the consent of the Minister or a person designated by the Minister.

Officers and senior officials, etc.

(2)

If a corporation or a department in, or other portion of, the federal public administration to which this Part applies commits an offence under this Part, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation or department in, or portion of, the federal public administration has been prosecuted or convicted:

(a)

any officer, director, agent or mandatary of the corporation;

(b)

any senior official in the department in, or portion of, the federal public administration; or

(c)

any other person exercising managerial or supervisory functions in the corporation or department in, or portion of, the federal public administration.

Evidence of direction

(3)

On any prosecution for an offence under this Part, a copy of a direction purporting to have been made under this Part and purporting to have been signed by the person authorized under this Part to make the direction is evidence of the direction without proof of the signature or authority of the person by whom it purports to be signed.

Limitation period

(4)

Proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the day on which the subject-matter of the proceedings arose.

R.S., 1985, c. L-2, s. 149; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 15; 2003, c. 22, s. 111(E); 2014, c. 13, s. 95

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150Venue history

A complaint or information in respect of an offence under this Part may be heard, tried and determined by a provincial court judge or justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, notwithstanding that the matter of the complaint or information did not arise in that territorial jurisdiction.

R.S., 1985, c. L-2, s. 150; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 27 (1st Supp.), s. 203

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151Information history

In any proceedings in respect of an offence under this Part, an information may include more than one offence committed by the same person and all those offences may be tried concurrently and one conviction for any or all such offences may be made.

R.S., 1985, c. L-2, s. 151; R.S., 1985, c. 9 (1st Supp.), s. 4

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152Injunction proceedings history

The Head may apply or cause an application to be made to a judge of a superior court for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has been instituted for an offence under this Part, or enjoining any person from continuing any act or default for which the person was convicted of an offence under this Part.

R.S., 1985, c. L-2, s. 152; R.S., 1985, c. 9 (1st Supp.), s. 4; 2002, c. 8, s. 120; 2018, c. 27, s. 565

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153Injunction history

The judge of a court to whom an application under section 152 is made may, in the judge’s discretion, make the order applied for under that section and the order may be entered and enforced in the same manner as any other order or judgment of that court.

R.S., 1985, c. L-2, s. 153; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 16(E)

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154Imprisonment precluded in certain cases history

(1)

If a person is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment.

Recovery of fines

(2)

Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.

R.S., 1985, c. L-2, s. 154; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 8; 2000, c. 20, s. 17

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