Slaw: Occupational health and safety administrative penalties and the defence of due diligence
A recent case from Nova Scotia raises some interesting points around the defence of due diligence in administrative penalty cases for health and safety cases. In the past, the Nova Scotia Labour Board attested that the penalty amount charged in a case would not necessarily be considered against the issues underlying the original compliance order, if and when the case was appealed. A Nova Scotia Court of Appeal case has clarified that the Nova Scotia Labour Board can in fact apply the defence of due diligence when considering an appeal from an administrative penalty compliance order.
For more information, read my latest post on Slaw.