Last February, the Canadian health and safety community saw something it has not seen in a relatively long time (since 2007, to be more precise): a company charged with criminal negligence under Bill C-45 following a workplace death.

In what should serve as a stark reminder for both employers and individuals, police in Ontario recently charged a corporate employer and two individuals with criminal negligence causing death after a fatal workplace accident at a construction project. 

The recent criminal conviction and sentencing of Quebec firm Transpave Inc., for workplace health and safety violation under the Bill C-45 provisions of the Criminal Code, continues to be a hot topic within the safety community. It was a landmark case for both the health and safety profession and the business community, so we asked our COS reader panelists to weigh in on this issue.

By way of reminder, Bill C-45 amended the Criminal Code to create new duties and possible criminal liability for individuals and organizations, which include corporations. Because of the complexity of these Criminal Code requirements, and the amount of time that has been passed since they became law in March 2004, answers to key questions about Bill C-45 amendments are set out below, as follows.