At trial, the employer was convicted of two offences under the OHSA and fined $25,000 for each offence. In determining the sentence, the Justice of the Peace (JP) noted that although the maximum fine for each offence was $500,000, the employer was not a particularly large operation, the injury was not particularly grave, nor did the accident occur as a result of the wilful disregard of a known hazard. The JP also acknowledged that the employer had taken steps “to establish a safe working environment” prior to the accident occurring.
In January, 2010, Nova Scotia introduced an administrative penalties regime through regulations made pursuant to the Occupational Health and Safety Act. This system has been controversial since its inception and the Nova Scotia Government has recently proposed significant changes.
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