Module 1.2 - Criminal Code of Canada

In 2004, the Criminal Code of Canada was amended under Bill C-45. This Bill added section 217.1 to the Criminal Code of Canada which reads:

“Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task."

This means that individuals may be charged with criminal negligence for the wanton and reckless disregard for the life / safety of other persons in the workplace.

A criminal charge is typically reserved for the most serious types of health and safety related offences, therefore it’s not tested on a regular basis; nonetheless, there have been several examples, including recent charges.

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