Westray Law, or Former Bill C-45/Criminal Liability: What Employers Need to Know

FREE for Members * BC Housing: 1.5 CPD Points

Description

In Canada, all persons directing the work of others must take all reasonable steps to ensure the safety of workers and the public. Due diligence is established by creating safety precautions before an accident occurs – not after.     

Commonly referred to as the Westray Law, former Bill C-45, An Act to amend the Criminal Code (criminal liability of organizations), is federal legislation that amended the Canadian Criminal Code and became law on March 31, 2004. As a result of the Bill, the Criminal Code now provides rules for attributing criminal liability to organizations, including corporations, their representatives, and those who direct/supervise the work of others in the event of workplace deaths or injuries.  

In this 1.5 hour session, we will discuss:   

  • What are the established rules for attributing criminal liability?
  • What is the legal duty for all persons directing the work of orders?
  • Who do these provisions of the Criminal Code affect? 
  • What types of offenses have been prosecuted under these provisions of the Criminal Code
  • What factors have been considered in the sentences (punishment) imposed?
  • What are your legal obligations under occupational health and safety laws and standards? 
  • How can you ensure a safe workplace and limit your liability? 

Disclaimer:The content of this presentation is for informational purposes only and should not be construed as legal advice.  

 

Delivery Method:  Virtual Session – Zoom Webinar  

Course Fee Includes: Access to the course, course materials, and upon completion a digital certificate if requested.  

Sharing a single registration between two or more individuals is not permitted. Please register each person that will be in attendance.

Presented By:

Leigh Stansfield is an associate at Pulver Crawford Munroe LLP. She practices in all areas of labour and employment law, and maintains a workplace investigations practice with a focus on bullying and harassment and respectful workplace investigations. Leigh has appeared as counsel in labour arbitrations, mediations, and at all levels of Court in British Columbia.  

 

Prior to joining PCM, Leigh practiced with a leading criminal defence firm on Vancouver Island and was engaged in trial and appellate advocacy.

 

Outside of work, Leigh is an active member of the Vancouver Island community. She is currently a volunteer board member for AVI Health & Community Services, serving on its Governance Committee.  In addition, she serves as a Member-at-Large for the Canadian Bar Association’s National Labour and Employment Section.

Prerequisites

There are no prerequisites for this course.

Who Should Attend

This session was designed for anyone in the construction industry who wants a better understanding of the Westray Law, or Former Bill C-45/ and Criminal Liability.

Technical Requirements

  1. Computer or laptop 

    • This course will involve on-screen interaction with your instructor and classmates, reading/viewing on-screen content (slides or videos), and interacting via typing with questions or responses. For this reason, cellphones may not be adequate. 

    • Windows 10 or Mac iOS  

  1. Internet connection - For best results, you will want to ensure you have an internet connection with an upload/download speed of 3-5 Mbps. You can test your internet speed here. Minimum recommended speed is 1.5 Mbps, but anything below 3 Mbps may result in loss of quality or buffering. Ideally hardwired connection versus wireless for stability - connect your computer directly to your router using an ethernet cable, rather than using your home wi-fi.  

  1. A quiet space with minimal distractions - microphone will be engaged for interactive sessions. Please plan to be fully engaged in the class and clear your work schedule just as you would for the in-class program.    

  1. Comfortable chair  

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