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Ground Fault Protection - Electrical Contractors Association of Ontario

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ELECTRICAL CONTRACTORAs a result, it proposes that directors and<strong>of</strong>ficers should be held liable for "the waythat they carry out their responsibilities"and not simply because they are directorsor <strong>of</strong>ficers.Proposals <strong>of</strong> the Federal GovernmentAs a result <strong>of</strong> completing its StandingCommittee meetings, the FederalGovernment has made several proposalsfor reforming the Criminal Code.Amendments to Bill C-284 have not yetbeen made. The Government’s proposalsare as follows:1. The class <strong>of</strong> persons capable <strong>of</strong> engagingthe liability <strong>of</strong> the corporationshould be expanded to include individualswho exercise delegated, operationalauthority.2. Where crime is one <strong>of</strong> negligence, corporatecriminal liability should bebased on the actions and moral fault <strong>of</strong>the corporation as a whole.3. Where the crime is one where subjectiveintent is required, it should beproven that a "directing mind" or personexercising operational controlformed the intent <strong>of</strong> committing thecrime and, with at least some intent,that the commission <strong>of</strong> the crime wouldbenefit the corporation. In such a case,both the individual and the corporationshould be criminally responsible.4. The same approach should apply wherea person with operational authority failsto take remedial action when aware thatan employee or employees are committinga criminal <strong>of</strong>fence on behalf <strong>of</strong> or forthe benefit <strong>of</strong> the corporation.5. Everyone who employs others to performwork or has a power to direct howwork should be done should be under aduty to take reasonable steps to ensuresafety <strong>of</strong> workers and the public.This last proposal suggests that responsibility,including criminal responsibility,may lie with every supervisor, manager,director and <strong>of</strong>ficer,to ensure the safety <strong>of</strong>workers and the public when they havesome authority for the way in which workis performed.Whether or not legislation is introducedor passed into law, contractors should continueto place workplace safety as theirhighest priority. Aside from the obviousimportance behind ensuring that workersand members <strong>of</strong> the public are safe, liabilityalready exists for unsafe working conditionsin <strong>Ontario</strong>, including significant liabilityunder the <strong>Ontario</strong> Occupational Healthand Safety Act and under the <strong>Ontario</strong>Workplace Safety and Insurance Act.Rob Boswell is with the law firm HicksMorley Hamilton Stewart Storie LLP. Thefocus <strong>of</strong> his practice is workplace safetyand insurance and occupational healthand safety. He is also the co-author (withJason Mandlowitz) <strong>of</strong> the "Contractor’sGuide to Workplace Safety andInsurance", ECAO’s companion manualto its WSIB Seminars.Build on asolid foundation.Our Construction Law Group is regularly retained to act on a variety <strong>of</strong> constructionrelated matters. From drafting complex design build agreements to litigating multi-party disputesincluding tendering, breach <strong>of</strong> contract, negligence and construction lien claims, Goodmans hasthe clarity <strong>of</strong> vision and depth <strong>of</strong> experience that ensures results. To deal directly with Goodmans’Construction Law Group, contact Howard Wise at 416.597.4281.GOODMANS LLP / BARRISTERS & SOLICITORS / TORONTO / VANCOUVER / HONG KONG<strong>Ontario</strong> <strong>Electrical</strong> Contractor9

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