Bill C-284
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-284 |
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An Act to amend the Criminal Code (offences
by corporations, directors and officers)
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R.S., c. C-46
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1. The Criminal Code is amended by
adding the following after section 467.2:
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PART XIII.1 - OFFENCES BY
CORPORATIONS, DIRECTORS AND
OFFICERS
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Interpreta- tion
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467.3 (1) In this section, ``management of
a corporation'' in respect of an act or omission
means all or any of
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Corporate
offences
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(2) Where it is shown that an act or omission
has been committed on behalf of a
corporation, directly or indirectly by the act or
pursuant to the order of one or more of its
officers, employees or independent
contractors, and
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the corporation is guilty of every offence of
which an individual could be found guilty for
committing that act or omission.
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Penalty
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(3) A corporation guilty of an offence under
subsection (2) is liable
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Commission
and
authorization
by different
persons
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(4) For a corporation to be guilty of an
offence under subsection (2), it is not
necessary to show that the person who
committed or ordered the act or omission was
or was a part of the management of the
corporation involved in the manner described
in paragraphs (2)(a) to (d).
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Burden of
proof
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(5) Where it is shown that an act or omission
that constitutes an offence was committed or
ordered by an officer, employee or
independent contractor of the corporation, the
onus is on the corporation to show that it was
not carried out in the circumstances described
in paragraphs (2)(a) to (d).
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Directors and
officers
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467.4 (1) Every one who is a director or
officer of a corporation that is guilty of an
offence under section 467.3 who
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is guilty of an offence and liable on conviction
as if committed personally and liable to the
same penalty as if the director or officer had
committed the act or omission personally.
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Factors
considered
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(2) In determining whether a director or
officer of a corporation knew or ought to have
known that an act or omission would or would
be likely to take place, the court shall consider
the experience, qualifications and duties of
the director or officer.
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Unsafe
workplace
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467.5 Every corporation that permit unsafe
working conditions to exist, or that fails to
take all reasonable steps to provide safe
working conditions for its employees, is guilty
of an indictable offence and liable on
conviction to a fine of not more than $100,000
for every day on which the unsafe working
conditions are shown to have subsisted.
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Directors' and
officers'
liability
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467.6 (1) Every one who is a director or
officer of a corporation that is guilty of an
offence pursuant to section 467.5 who knew or
who ought to have known that unsafe working
conditions existed is guilty of an indictable
offence and liable on conviction to
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Factors
considered
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(2) In determining whether a director or
officer of a corporation knew or ought to have
known of unsafe working conditions, the court
shall consider the experience, qualifications
and duties of the director or officer.
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