Discussion Paper - Draft Prosecution Referral Policy

The Policy and Regulation Development Bureau sought comments on a Draft Prosecution Referral Policy.

Section 213(1) of the Workers Compensation Act provided that it was an offence to contravene Part 3 (Occupational Health and Safety) of the Act, the occupational health and safety regulations or an order under Part 3 of the Act or the regulations. This provision covered all workplace parties, including employers, workers, supervisors, prime contractors, owners, suppliers, and directors and officers of corporations. A person who committed an offence could be prosecuted.

The Board refers some cases involving OHS violations to Crown Counsel for consideration of a prosecution. However, it is Crown Counsel who decides whether to commence the prosecution and conducts the proceedings.

The Board was asked by stakeholders to document in a policy the factors it considered in deciding whether to make a referral to Crown Counsel and the process by which the referral decision is made. The consultation package was developed in response to that request.

Consultation closed August 15, 2001.

Consultation Deadline: Aug 15, 2001 File type: PDF (77 KB) Asset type: Discussion Paper