What does a prosecution for violating an occupational health and safety law mean?
In the simplest terms, any individual, or business entity, whether it is a corporation, partnership or association, that employs people (and in certain circumstances “controls” others) in a workplace have general and specific duties imposed upon them by law to provide for the safety, health and welfare of those people. In the event that the individual or business entity fails to meet these duties, the appropriate governing body may investigate and institute a prosecution. The prosecution of the individual or business entity is not dissimilar to a criminal prosecution. The action is brought before the Provincial Courts and is prosecuted by a Crown attorney. The rules of criminal procedure apply. In the event of a conviction, penalties in the nature of fines are typically imposed and, at least for individuals, the potential for incarceration exists. Although a conviction for a violation of occupational health and safety laws does not result in a criminal record, the appropriate governing
