Due Diligence In Canada

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Due Diligence The following report answers two questions to get a better understanding of the term due diligence. It will describe the term due diligence came from and from what case. The report also examines an industrial fatality in Alberta and tries to identify what happened and makes recommendations on due diligence for the case study Where did the term “due diligence” come from, what case “In the late 1970s, the due diligence defense was made available to a new category of regulatory offences, known as strict liability offences, by the Supreme Court of Canada (the “SCC”) in R v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 5 D.L.R. (3d) 161 (“Sault Ste. Marie”). Strict liability offences, and the due diligence defense, were provided in response…show more content…
Conviction under the Occupational Health and Safety Act - GLP Instrumentation Inc. and Mr. Sebastien Berube On the 22nd of November 2011, GLP Instrumentation Inc. and Mr. Sebastien Berube who were the employers of the deceased were convicted. GLP Instrumentation Inc. entered a guilty plea to Section 2(1)(a) (i) of the Occupational Health and Safety Act which explains the Obligations of employers, workers, etc. According to the Section 2(1)(a)(i) of the Act,- “(1) every employer shall ensure, as far as it is reasonably practicable for the employer to do so, (a) the health and safety of (i) workers engaged in the work of that employer” (Alberta OHS Handbook, 2013) GLP instrumentation received a total penalty of $431,250 ($375,000 fine and a victim fine surcharge of $56,250) Sebastian Berube also entered a guilty plea to Section 2(2)(a) of the Occupational Health and Safety Act which states that: (2) Every worker shall, while engaged in an occupation, (a) take reasonable care to protect the health and safety of the worker and of other workers present while the worker is working (Alberta OHS Handbook,…show more content…
Foreseeability -A written code of practice will help to identify that work performed on top of the biodiesel tank will be classified as a confined space work and according to the OHS Part 5 Section 44(3) of the code - “A worker involved in any aspect of a confined space entry must comply with the requirements and procedures in the code of practice” (Alberta OHS Handbook, 2013). Preventability – Before commencement of work, it is necessary to carry out a hazard assessment to identify the potential hazard and prevent the likelihood of a worker’s exposure to these hazards. According to the OHS Code Part 5 Section 45, If a worker will enter a confined space or a restricted space to work, an employer must appoint a competent person to: (a) identify and assess the hazards the worker is likely to be exposed to while in the confined space or restricted space, (b) specify the type and frequency of inspections and tests necessary to determine the likelihood of worker exposure to any of the identified
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