Bill C-45

An Act to Amend the Criminal Code (Criminal Liability of Organizations)

Bill C-45 - What does it mean?

Puts a positive duty within the Criminal Code“Every one” includes not only individuals but

organizations.

Organizations can be found liable one of two ways:By negligence - through the acts of representativesBy fault - through the actions of a senior officer

Bill C-45 - What does it mean?

Section 217.1 of the Criminal Code Reads:

“Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task”.

Bill C-45 - What does it mean?

Breaking down s.217.1“Every one” - includes organizations and government“Has the authority” - includes organizations - not just

supervisors or other people in charge“Direct how” - vague wording - difference between

telling someone how to do something and just you want something done.

“Any other person” - can include the public, not just employees