Occupational health and safety (“OH&S”) has always been provincially regulated and enforced; however, the recent enactment of Bill C-45 now brings OH&S into the federal criminal sphere. Bill C-45 is an amendment to the Criminal Code that potentially increases an organization’s risk of criminal liability for workplace-related accidents and other offences.

In general terms, Bill C-45 expands the legal duties imposed on both organizations and individuals to take reasonable steps to prevent workplace accidents. It also expands potential liability for failure to fulfill legal duties where such failure will have a negative impact on public health and safety. Bill C-45 is not intended to supplant or interfere with the provincial regulatory role in workplace health and safety. Rather, it provides additional deterrence given the stigma and permanent criminal record that attaches to a criminal conviction, as opposed to a mere regulatory offence and fine.

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