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Workplace Safety: Criminal Liability Under Section 217.1 of the Criminal Code of Canada

Michael Matthew


Workplace safety is not only a matter of compliance with occupational health and safety (OHS) regulations but also a potential area of criminal liability under Canadian law. Section 217.1 of the Criminal Code of Canada imposes a legal duty on individuals and organizations to take reasonable steps to ensure safety in the workplace. Understanding this provision is critical for employers, managers, and others in positions of authority to prevent tragic workplace incidents and avoid severe legal consequences.


The Scope of Section 217.1

Section 217.1 states:

“Every one 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 provision creates a criminal obligation for individuals who:

  • Direct Work: Supervisors, managers, and executives responsible for assigning or overseeing tasks.

  • Undertake Responsibility: Those who voluntarily or contractually assume responsibility for workplace safety.

The language of Section 217.1 is broad, covering any workplace or task where authority or direction is exercised, regardless of industry or work type.


Connection to the Westray Law

Section 217.1 was introduced in 2004 through Bill C-45, also known as the Westray Bill, following the tragic 1992 Westray Mine disaster in Nova Scotia. That incident, which resulted in the deaths of 26 miners, highlighted systemic failures in workplace safety and accountability. The law aimed to fill gaps in criminal responsibility, particularly for organizations and individuals whose negligence contributes to workplace injuries or fatalities.


Key Elements of Liability

To establish criminal liability under Section 217.1, the Crown must prove:

  1. Authority or Undertaking: The accused had the authority to direct work or undertook responsibility for a task.

  2. Breach of Duty: The accused failed to take reasonable steps to prevent harm.

  3. Causation: The failure to meet this duty contributed to bodily harm or death.


Reasonable Steps: What Does It Mean?

The term "reasonable steps" is context-specific and depends on the nature of the work, the risks involved, and industry standards. Examples include:

  • Conducting regular risk assessments.

  • Ensuring employees are trained and equipped to work safely.

  • Providing and maintaining safety equipment.

  • Following applicable OHS regulations and best practices.

Failure to take these measures could constitute negligence, leading to criminal charges.


Who Can Be Held Liable?

Liability under Section 217.1 can extend to:

  • Individuals: Supervisors, managers, and others in positions of authority.

  • Organizations: Companies can face corporate criminal liability for failing to implement safety systems or for permitting unsafe work practices.

Penalties for violations include fines, imprisonment, or both, depending on the severity of the breach and its consequences.


Practical Implications for Workplace Safety

  1. Enhanced Accountability: Organizations must establish clear lines of responsibility for workplace safety.

  2. Proactive Compliance: Employers must ensure compliance with federal and provincial OHS regulations.

  3. Training and Awareness: Workers and supervisors must be educated on safety protocols and their legal duties.

  4. Safety Audits: Regularly reviewing and improving workplace safety measures can demonstrate a commitment to due diligence.


Notable Cases

Canadian courts have increasingly applied Section 217.1 in workplace incidents. For example:

  • R. v. Metron Construction Corp. (2013): A construction company was fined $750,000 after a swing stage collapse resulted in multiple deaths. The court emphasized the employer's failure to ensure safety protocols.

  • R. v. Stave Lake Quarries (2017): A company and its manager were charged after a worker’s death, demonstrating how liability can extend to both corporate and individual actors.


Conclusion

Section 217.1 of the Criminal Code of Canada underscores the critical importance of workplace safety. It holds individuals and organizations accountable for preventable harm arising from their negligence. Employers can protect their workers and safeguard themselves from criminal liability by taking reasonable steps to identify and mitigate risks.

For employers and managers, the message is clear: workplace safety is not just a regulatory requirement—it is a legal duty backed by the potential for severe criminal penalties. Proactively fostering a constructive safety culture is essential to meeting this obligation and avoiding the tragic consequences of oversight or neglect.


We can help! We recommend starting with a hazard assessment and a compliance audit to fully identify the regulations covering your operations, the current level of compliance, and plain-language compliance plans. Contact Mike@Safety.Inc to get started.


Need Training? Employers have a duty to explain to their supervisors the provisions of Occupational Health and Safety Law and why due diligence is especially significant for them. Conveying how safety laws work can be confusing and difficult, leaving supervisors with more questions than answers, so let this course help clarify some of those questions.

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