The number of Ontario Occupational Health and Safety
Act convictions was at a six-year low in the government's
fiscal 2013/14 year, Ontario Ministry of Labour statistics show.
There were 780 convictions in 2013/14, compared to the previous
five years' conviction numbers of 814 (in 2012/13), 903, 948,
1,164 and 1,303 (in 2008/09), a consistent downward trend over that
The average fine per conviction in fiscal 2013/14 was $11,932,
compared with $13,139, $10,821, $11,911, $11,091 and $10,849 over
the previous five-year period. Interestingly, this shows that the
average fine has remained relatively steady over that period.
The MOL notes that more than one conviction may be related to a
single incident. For instance, one workplace accident on a
construction site could result in two convictions against the
constructor, three against a subcontractor and one against a
2012 study of Occupational Health and Safety Act
prosecutions and fines showed that 68% of companies charged with
OHSA offences plead guilty, and fines negotiated with the MOL tend
to be much higher than those set by the court after hearing
submissions from the MOL and the defendant.
Note that the Ministry of Labour statistics include Part I
contested tickets, Part I summonses and Part III prosecutions. Our
2012 study looked at Part III prosecutions (reserved for more
serious cases, which tend to involve significantly higher fines)
and did not include Part I tickets or summonses. Part I tickets and
summonses carry a maximum fine of $1,000 per conviction while Part
III prosecutions have a maximum fine of $500,000 per conviction. As
such, the average fines in our study were higher than those in the
MOL statistics referenced above.
Dentons is a global firm driven to provide you with the
competitive edge in an increasingly complex and interconnected
marketplace. We were formed by the March 2013 combination of
international law firm Salans LLP, Canadian law firm Fraser Milner
Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly
regarded law firms. Each built its outstanding reputation and
valued clientele by responding to the local, regional and national
needs of a broad spectrum of clients of all sizes –
individuals; entrepreneurs; small businesses and start-ups; local,
regional and national governments and government agencies; and
mid-sized and larger private and public corporations, including
international and global entities.
Now clients benefit from more than 2,500 lawyers and
professionals in 79 locations in 52 countries across Africa, Asia
Pacific, Canada, Central Asia, Europe, the Middle East, Russia and
the CIS, the UK and the US who are committed to challenging the
status quo to offer creative, actionable business and legal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances. Specific Questions relating to
this article should be addressed directly to the author.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
On Thursday, September 22, 2016, Dentons hosted a panel discussion about the management of liabilities and risks associated with environmental crises, including potential liabilities for directors and officers and provided insight into risk and liability techniques associated with environmental crisis management.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).