Jan 2018 Charity & NFP Law Update
On December 14, 2017, Ontario’s omnibus Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017 (“Bill 177”) received Royal Assent, implementing certain measures outlined in Ontario’s 2017 Budget, as well as enacting and amending other Ontario statutes. Among these amendments are changes to Ontario’s Occupational Health and Safety Act (“OHSA”) contained under Schedule 30 of Bill 177. These amendments are intended to enhance protections for workers, including those employed by charities and not-for-profits in Ontario.
These amendments include changes to the OHSA’s sentencing regime by increasing maximum fine limits from $25,000 for individuals and $500,000 for corporations to $100,000 and $1,500,000 respectively. Individuals convicted of an offence under the OHSA may also be subject to up to 12 months imprisonment. Where the OHSA previously required charges to be laid within one year of an incident, the time limit to allow for prosecution has been changed from one year from the date of the offence to one year from the date an inspector becomes aware of an alleged offence, allowing for charges to be laid more than a year after the occurrence of an incident. Additionally, as a result of Bill 177, employers that do not own their workplace are now required to notify an inspector appointed as a Director under the OHSA where a committee or health and safety representative has identified potential structural inadequacies of a building, structure, or any other part of a workplace, as a source of danger or hazard to workers.
Charities and not-for-profits need to continue to be aware of their health and safety obligations to workers under the OHSA, particularly given the large increase to the maximum fines that are now in force.