Bill C-45 Legislation


Bill C-45 - New Criminal Legislation affecting Workplace Safety

• Bill C-45 establishes criminal liability for organizations and individuals when they fail to take reasonable steps to prevent workplace accidents that affect workers or the general public- conviction will result in a criminal record.


What’s New – Key Elements

• The legal duty is similar to the general duty clauses currently found in the Occupational Health and Safety Act of Ontario. However, it elevates the penalty to the/of a crime with a permanent criminal record.

• It applies to “everyone who undertakes, or has the authority, to direct how another person does work or performs a task….”. Bill C-45 extends legal duties to a new level that could potentially apply from a coworker up to the president.

• The requirement “to prevent bodily harm to that person, or any other person, arising from that work or task” goes farther than any current OH&S legislation in Canada. Bill C-45 casts the net to include all employees as well as the public that may be affected by the work or task.


Practical Impact

An effective program with demonstrated clear communication helps not only to ensure compliance but helps to ensure the health and safety of employees. The first line of defence against death and injury in the workplace remains an organization's and an individual’s proactive compliance with the existing workplace health and safety regulations.