On December 12, 2013, Bill C-4, the Economic Action Plan 2013 Act, No. 2, received Royal Assent. As previously reported, Bill C-4 is omnibus legislation implementing measures from the Economic Action Plan 2013 (the 2013 Budget), as well as certain previously announced tax measures. The Bill should be consulted for coming into force information. For a more detailed…
Practice Area: Occupational Health
Ontario to Conduct Review of Health and Safety in Mining Sector
The Ontario government has announced that beginning in early 2014 the Chief Prevention Officer (Ministry of Labour) will be leading an advisory group in conducting a comprehensive health and safety review on a wide range of areas in the mining sector. Among other things, the review will include assessing existing health and safety regulations and…
Alberta Employer Fined in Calf-Roping Machine Fatality Case
As we previously reported, an Alberta company was found liable by the Alberta Court of Appeal for failing to ensure the safety of its employees in the operation of a faulty calf-roping machine, rented from a third party for use at a client event. One of the employees was fatally struck by that malfunctioning machine….
Significant ESA, WSIA, OHSA, LRA Amendments Proposed (Bill 146, Stronger Workplaces for a Stronger Economy Act)
On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act, omnibus legislation that would, if passed, amend several key employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Workplace Safety and Insurance Act, 1997 (“WSIA”), the Occupational Health and Safety Act (“OHSA”), the Labour Relations Act,…
Ontario Imposes Mandatory Health and Safety Awareness Training
On November 14, 2013, the Ontario government filed O. Reg. 297/13 Occupational Health and Safety Awareness and Training, a new regulation under the Occupational Health and Safety Act (“OHSA”) requiring employers to ensure workers and supervisors receive mandatory safety awareness training. In this FTR Now, we provide an overview of these new training obligations, and…
Mandatory OHSA Safety Awareness Training for Workers, Supervisors
On November 14, 2013, the Ontario government filed O. Reg. 297/13 (Occupational Health and Safety Awareness Training) under the Occupational Health and Safety Act, providing for mandatory occupational health and safety training for workers and supervisors, subject to certain exemptions. The regulation revokes O. Reg. 780/94 (Training Programs). Section 5 of the regulation (Certification Training),…
Calf-Roping Fatality Case Ends in $275,000 Fine
The Alberta Court of Queen’s Bench has rendered a fine of $275,000 (including victim surcharge) against XI Technologies (“XI”) for its failure to ensure the safety of an employee who was fatally struck and injured while operating a faulty calf-roping machine which had been rented by the employer for use at a client event. This…
Reaching Out – Fourth Edition
Dear Friends, It is that time of year again, and after a summer hiatus and a relatively warm fall there is no doubt the air now feels a little crisper and autumn is in full swing. This weekend we gain an extra hour (theoretically at least) as the clocks fall back and it is our…
Ontario Court of Appeal Increases Fine to $750,000 for Christmas Eve Fatalities
In a recent decision (R. v. Metron Construction Corporation, 2013 ONCA 541), the Ontario Court of Appeal overturned the fine imposed by the Ontario Court of Justice in respect of four fatalities, and imposed a fine almost four times greater. As previously reported (August 20, 2012 FTR Now – “Court Imposes Criminal Code Fines For…
Alberta Court of Appeal Upholds Conviction in Calf-Roping Machine Case
In its decision Alberta v. XI Technologies Inc., the Alberta Court of Appeal upheld the conviction of XI Technologies in relation to the death of an employee who was operating a faulty calf-roping machine at an employer hosted-event, concluding that the employer failed to do all that was reasonably practicable to avoid the foreseeable risks…