OH&S Legal Update: Government now has two years to lay charges for safety violations - constructconnect.com - Daily Commercial News

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.NormKLaw 's latest OH&S Legal Update column looks at why government now has two years to lay charges for safety violations.

This change was part of a broad set of labour law amendments that passed before the recent provincial election that are now in effect in Ontario. Bill 88 also increased fines dramatically and gave direction to courts on aggravating factors in assessing financial penalties during sentencing and after a conviction has been registered.

Second, it means pre-qualification safety checks and initiatives will become less effective. This will impact general contractors, project managers and OGCA members more significantly than subtrades. Another interesting aspect of this legal change is the fact the MLITSD already had the ability to extend the limitation period beyond 12 months in the circumstances of a continuing offence or if they did not get notification of a contravention. This change in the law took place in 2017.

The two-year limitation simply allows the MLITSD investigators and prosecutors to take more time to decide if they want to lay charges. have legal counsel review your section 51 report before it is sent to the MLITSD investigator to avoid self-incrimination; have legal counsel conduct privileged interviews of all relevant witnesses to guard against fading memories;

 

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