217.1

Duty of persons directing work

217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.

Annotations | French

  • Section 217.1

     

  • Parliament created Section 217.1 to increase corporate liability for criminal offenses: R v Hoyeck, 2019 NSSC 7 at para 65; R v Metron Construction Corporation, 2012 ONCJ 506 at 12—15, rev’d in part on other grounds 2013 ONCA 541.

     

  • Section 217.1 imposes a legal duty on “every one who is responsible for any work to take the necessary steps to ensure the safety of others”: R v Hoyeck, 2019 NSSC 7 at para 66; R c Scrocca, 2010 QCCQ 8218 at para 107.

     

  • “Any work” can include:

     

  • Section 2 defines “every one,” “person” and “bodily harm.”

     

  • “Authority to Direct How Another Person Does Work”

     

  • A construction company’s Project Manager had the authority to direct the company’s workers at the time of a job-site accident given some of the following factors:

     

    • (1) The workers reported to the Site Supervisor, and the Site Supervisor reported to the Project Manager;

       

    • (2) The Project Manager routinely exercised authority over both the Site Supervisor and workers, who in turn recognized the Manager’s authority; and

       

    • (3) The Project Manager was present at the location of the accident when it occurred: R v Vadim Kazenelson, 2015 ONSC 3639 at paras 9, 107, 115, aff’d 2018 ONCA 77.

       

  • A Failure to Uphold a Legal Duty Under Section 217.1 Can Lead to Charges Under Certain Offenses

     

  • Failing a legal duty under Section 217.1 is not an offense: R c Scrocca, 2010 QCCQ 8218 at para 107.

     

  • However, this failure can lead to charges under offenses that penalize a failure to uphold a legal duty, including criminal negligence where the elements of that offence are met: R v Metron Construction Corporation, 2013 ONCA 541 at para 26; R v Vadim Kanzenelson, 2015 ONSC 3639 at paras 109—110, 130, aff’d 2018 ONCA 77; R v Stave Lake Quarries Inc, 2016 BCPC 377 at para 40.

     

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