Publications

This paper discusses the sources of director and officer liability for workplace health and safety, and identifies strategies to mitigate the risks that arise from these liabilities. Topics include enforcement of regulatory duties and responsibilities, and director and officer regulatory duties. This is followed by a discussion of the administrative penalty system used in some jurisdictions and the specifics of director and officer obligations in that context. The last part of the paper is a discussion of criminal liability, in particular section 217.1 of the Criminal Code, and the duty to direct work safely. Included is an update on prosecutions under this provision. The paper concludes with a discussion of due diligence and risk mitigation strategies. Civil liability, though touched on briefly, is outside the scope of this paper.