What is Bill C-45 (2003)?

Essentially, Bill C-45 (2003-37th Parliament) creates a Criminal Code duty for organizations and their representatives to take every reasonable precaution in order to protect their workers as well as the general public.

Bill C-45 imposes criminal liability on organizations for negligence (section 22.1), even in the case that no single individual has committed a criminal offence, by aggregating the requisite mental and physical elements of the crime from multiple individuals.

Organizations are also liable for criminal offences other than negligence through the conduct of their senior officers (section 22.2).

Bill C-45 also creates a new duty (section 217.1) which is applicable to both individuals and organizations, and reads as follows:

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. 

Why was Bill C-45 (2003) created?

Bill C-45 was created in response to the Westray Mine Disaster in Nova Scotia. It was created to encourage improved workplace safety, to modernize the law regarding Criminal Liability or Corporations and their sentencing and to address Health and Safety Negligence. Bill C45 transforms all of these principles into law in The Criminal Code under Criminal Negligence provisions.

What is Criminal Negligence?

Section 219(1) of the Criminal Code states that criminal negligence is committed when a person performing any duty, or omitting to perform any duty required by law, shows wanton or reckless disregard for the safety of others. 

What is Criminal Negligence Section 217?

Section 217 states that “Everyone who undertakes to do an act is under legal duty to do it if an omission to do the act may be dangerous to life.” 

What is Section 217.1?

Section 217.1 states that “Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.” 

The Essential Elements of Bill C45

Bill C-45 holds corporate decision makers responsible for Health and Safety in the workplace stating that they must take reasonable measures to ensure safety.

It establishes a higher standard of care for employees and the public, lowers the threshold for a corporation to be charged/convicted and extends the responsibility to individuals who direct the work of others.

Bill C-45 (2003) has six major changes for employers to consider.

1. Bill C-45 creates a legal duty for employers to ensure safety and elevates the stigma and penalty for infractions.

2. Bill C-45 expands the legal duty to more workplace parties.  In Ontario, this includes supervisors, employers, workers, suppliers, directors and officers and extends to potentially include forepersons, lead hands and co-workers.

3. There is a legal requirement to prevent bodily harm to cover all persons that may be affected by the work done including the public.  There is a high expectation regarding prevention.

4. Bill C-45 offers Broader definitions.  A company “representative” can include a director, partner, employee, member, agent or contractor.  If the representative commits a serious Occupational Health and Safety offense, the organization can be charged with Criminal Negligence. The term “Corporation” has been replaced by the term “organization”.  This now adds firm, partnership, trade union, and municipality to the definition.

5. Bill C-45 allows Specific powers to be given to the courts.  There are more sentencing considerations such as:

• Advantage to the corporation from commission of the offence
• Review of company assets.
• Cost of the investigation and prosecution can be assigned.
• Preventative measures taken by the co.

6. Bill C-45 offers Special Probation Powers to the courts. Courts can set the terms of probation, require the establishment of policies and procedures to reduce risks and the likelihood of further criminal acts and direct communication of these policies to employees. The court can also identify a senior officer to be responsible for compliance with probation orders and request progress reports.

The Bottom Line of Bill C-45 (2003)

The government is emphasizing improved corporate governance.   Bill C-45 illustrates public intolerance for neglect of workplace Health and Safety standards.  Organizations will be held criminally responsible for actions or inactions that result in serious harm to an employee or the general public.