Bill C-45 and the Canadian Petroleum Industry
Keywords:Energy Law, Petroleum Law
AbstractThis article examines Bill C-45 and its possible impact on the Canadian Petroleum Industry. Bill C- 45, An Act to amend the Criminal Code, establishes a new occupational health and safety (OHS) duty in the Criminal Code. If the duty is breached, either by individuals or organizations, it may result in a criminal charge of occupational health and safety criminal negligence. Bill C-45 also changes the means by which organizations, including corporations, are held liable for offences under the Criminal Code. The "identification theory" of corporate criminal liability has now been replaced by two provisions in the Criminal Code to address the criminal liability of organizations. The first provision, which deals with offences such as the new OHS criminal negligence offence, requires proof of negligence. The second deals with a more classic objective fault element or mens rea. The Canadian petroleum industry, especially in Alberta, has often relied upon outsourcing, contract provisions and structuring of relationships to minimize OHS legal liability under applicable OHS statutes. However, there is no legal basis to contract out of the Criminal Code. It is more important than ever to emphasize proper contract language, indemnity provisions and OHS management systems.
For Editions following and including Volume 61 No. 1, the following applies.
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
For Editions prior to Volume 61 No. 1, the following applies.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.