In March, 2004, Bill C-21 became active and modified the CRIMINAL CODE by henceforth imposing criminal responsibility onto organizations, their administrators, representatives, employees, contractors and mandated personnel, in the event of a work-related accident or illness.

The bill's provisions, in addition to those foreseen in the HEALTH AND SAFETY LABOUR LAW, which requires that employers take all precautions necessary to ensure the health and safety of salaried personnel, demand that organization directors adopt reasonable measures to protect the health and safety of the employees.

Each person having the responsibilities of directing workers now has the obligation to adopt reasonable measures to avoid bodily injury or death to employees.

This legislative modification has affected all organizations, whether in the form of a business, company or association, in that they may be sued in the criminal courts, as would an individual, and risk grave penal sanctions.

In fact, the bill imposes stiff fines to organizations, which are judged guilty of having violated the CRIMINAL CODE provisions, in addition to those already established in the HEALTH AND SAFETY LABOUR LAW.

Consequently, in order to raise awareness among business directors, who may be susceptible to assuming such responsibility, businesses should implement training programs for senior management, supervisors, mandated personnel, directors, and contractors to ensure clarity on legal responsibilities dictated by the health and safety labour laws and this current legislation, in order to avoid all situations which would entail legal action.   It is also recommendable that businesses provide adequate training on safe work practices to all employees and supervisors, in order to avoid any situation which may engender such responsibility. 

The implementation of such training programs and directives would opportune businesses to impose disciplinary sanctions to all employees who are in violation of organizational health and safety regulations and policies.

Pierre Soucy