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Bill C-45

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Did you know that as an employer, you may be held criminally liable if one of your employees gets injured in the workplace?  Under new legislation, recently introduced by the federal government, all organizations can now be held accountable for the actions of their employees.  More importantly, employers can be held accountable for their lack of action when it comes to employee safety.

An example is:  if your worker is harmed while taking your deposit to the bank, your company can now be charged under the Criminal Code.  The risk of robbery and harm to you or your staff is a very real and viable threat no matter the value of the deposit you are transporting.  Any risk is a real risk.  If your employee is injured in a robbery attempt – your company may be exposing itself to criminal charges.

How did Bill C-45 come about?

Canada’s Criminal Code was officially changed in March 2004 to more accurately reflect the internal dynamics and structure in modern organizations.  Bill C-45 is informally referred to as the “Westray Bill”, because it is partially in response to the tragic Westray Mine disaster in 1992.  Twenty-six miners were killed when an explosion hit the Westray coal mine in Nova Scotia.  The mine had been identified as being very dangerous, yet employers ignored this safety risk and sent their employees into the mine to work. The guilty employers were never punished.

How does it affect me?

The new law imposes a legal duty on all those who manage and direct work, including directors, executive officers, operations managers, plant managers, production managers, and so on.  These are individuals, like you, who have the authority to make day-to-day operational decisions.  This means that you have a legal duty to take steps to prevent bodily harm to any of your employees while they are performing a work-related task.

How does it affect my business?

You and your organization may be found guilty of committing a crime of negligence if you or other management in your company act carelessly and with reckless disregard for the safety of your employees, resulting in injury.  Similarly, failing to act can result in the same sentencing.

What is the punishment?

On conviction, guilty individuals within corporations are punishable by up to life imprisonment.  As well, entire corporations can also receive fines upwards to $100,000.  

What can I do to protect my organization and myself?

The nature of this bill forces all individuals within an organization to take their responsibilities seriously.  A suggestion to protect yourself is to review your existing procedures, training requirements, and dedication to safety, and make changes where they are necessary.

If my employee gets injured while transporting my organization’s valuables, will I be exposing my organization to charges?

Quite simply – yes.  By exposing your employees to risk you may jeopardizing your business.  You spend money on insurance to protect yourself against civil litigation.  Would it not make sense to spend money to protect your business against this?

Why does G4S Cash Services (Canada) Ltd. care?

G4S has seen first-hand employees who have been seriously injured while performing simple daily duties.  It concerns us when employers dismiss the risk involved in transporting their own valuables to the bank.  Quite simply, with this new law, it is not worth the risk.

G4S takes pride and care in the communities in which we operate.  Crime affects entire neighborhoods and businesses at large, and it impacts society as a whole.  As a result, G4S has developed a variety of solutions to protect our communities and the individuals who reside in them.

How can G4S help?

G4S Cash Services (Canada) Ltd. offers secure and affordable cash transportation services for businesses of every size.  Our newest product to reach the market - our express deposit service - is an innovative cash management solution for small to medium sized businesses.  This solution was designed specifically for businesses whose primary issues of concern are controlling costs and mitigating risk.   It not only exonerates you from being criminally liable (Bill C-45), but also protects your employees’ safety while meeting the needs of your fiscal constraints.

For more information on how G4S can tailor a solution specifically for your business, read more about our express deposit service, or contact one of our security experts today.