Radar's Rentals owned a mechanical calf-roping ride and
supplied it to XI Technologies Inc. for a company event during the
Calgary Stampede. An employee of XI Technologies Inc. was fatally
injured while operating the ride and the owners of the equipment
and supplies was charged for violating section 2(4) of the
Occupational Health and Safety Act.
Section 2(4) of the OH&S Act is a general provision which
requires suppliers to comply with the provisions of the OH&S
Act, Regulations and Code. The offence alleged was that Radar's
Rentals failed, pursuant to section 12(1)(b) of the Regulations to
ensure that equipment they supplied would safely perform the
function for which it was intended or designed.
However, section 12(1) of the Regulations specifically imposes
duties upon an employer in relation to the equipment. The charge,
incorporating as it does the particulars which refer to duties upon
employers, does not disclose an offence known to the law against a
supplier. The obligation to provide equipment in a safe operating
condition is placed upon the supplier under section 2(3) of the
OH&S Act. Radar's Rentals was not, however, charged with
violating that provision.
Because the charge was incorrect, the court quashed the charge
filed and could not substitute the correct charge. The Crown
Prosecutor's office was out of time to recharge the supplier
with violating section 2(3) of the OH&S Act.
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