Canadian OHS Law - Elective

This course provides an introduction to Canadian Occupational Health and Safety (“OHS”) law. Students will be provided with an overview of the Canadian legal system and how OHS law is part of that system. The course encompasses a brief introduction to the division of powers between the federal and provincial government; a brief contrast of OHS law to workers’ compensation law; an introduction to the Internal Responsibility System, as it has been developed in OHS law. The role of the OHS Regulators, in all 14 Canadian jurisdictions, will also be introduced. Part of the course will focus on judicial interpretation and jurisprudence that lead to the development of the legal defence of due diligence to OHS charges. The course will address the enforcement of Canadian OHS law. A brief review of the Bill C-45 amendments to the Criminal Code, the new OHS legal duty in the Criminal Code, the new formula for establishing corporate guilt, and the new sentencing provisions arising from these important amendments will also be presented.