Advisory Circulars

Commercial & Business Aviation

OVERVIEW OF THE AMENDMENTS TO
PART II OF THE CANADA LABOUR CODE

Subject:  14. Other Changes (sections 148 and 149)

AMENDED CODE EXPLANATION/APPLICATION
148.(1) . every person who contravenes a provision of this Part is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or
(b) on summary conviction, to a fine of not more than $100,000.

(2) Every person who contravenes a provision of this Part the direct result of which is the death of, serious illness of or serious injury to an employee is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or
(b) on summary conviction, to a fine of not more than $1,000,000.
This provision sets out penalties for persons found guilty of contravening any provision of Part II of the Code.
149.(2) If a corporation or a department or other portion of the public service of Canada to which this Part applies commits an offence under this Part, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation, department or portion of the public service has been prosecuted or convicted:
(a) any officer, director, agent or mandatory of the corporation;
(b) any senior official in the department or portion of the public service; or
(c) any other person exercising managerial or supervisory functions in that corporation, department or portion of the public service.
Another change worth mentioning is the accountability of officials within a department or other portion of the public service of Canada. They are made accountable for their actions and may be punished for contravening the Code whether or not the organization has been prosecuted or convicted.
 
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