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Compliance Order

By McCarthy Tétrault LLP | 2 Minutes Read February 18, 2014

Following an OHSA order is not a mitigating factor in sentencing

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.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Health and Safety / accident, Compliance Order, failing to properly transport, injury to a worker, known hazard, maximum fine, Ministry of Labour, mitigating factor, occupational health and safety act, offences under the OHSA, OHSA, policies and procedures, Provincial Offences Act, sentencing

By Alison J. Bird | 4 Minutes Read August 16, 2013

Nova Scotia proposes new OHS administrative penalty system

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.

Article by Alison J. Bird / Health and Safety / administrative penalties, canadian employment law, Compliance Order, conviction under the Act, employment law, impose penalties on employers, Nova Scotia, Nova Scotia Labour Board, occupational health and safety act, Occupational Health and Safety Officer, OHS administrative penalty system, punishing violations, work site

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