R. v. Halifax Water Commission, (1993) 120 N.S.R.(2d) 398 (ProvCt)

• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: January 20, 1993
• Jurisdiction: Nova Scotia
• Citations: (1993), 120 N.S.R.(2d) 398 (ProvCt)

R. v. Halifax Water Comm. (1993), 120 N.S.R.(2d) 398 (ProvCt);

  332 A.P.R. 398

MLB headnote and full text

Her Majesty The Queen v. The Halifax Water Commission

Indexed As: R. v. Halifax Water Commission

Nova Scotia Provincial Court

MacDonald, C.J.P.C.

February 19, 1993.

Summary:

The Halifax Water Commission plead guilty to a charge of failing to take every reasonable precaution to ensure the health and safety of persons at or near its workplace, contrary to s. 9(1) of the Occu­pational Health and Safety Act, and to a charge of failing to comply with an order made under the Act, contrary to s. 49(1)(b).

The Nova Scotia Provincial Court imposed a fine of $3,000 for the first charge and $2,000 for the second charge.

Trade Regulation - Topic 7905

Industrial safety - Particular offences - Sentences - Failure to ensure health and safety of workers - The Halifax Water Commission plead guilty to a charge of failing to take every reasonable precaution to ensure the health and safety of persons at or near its workplace and to a charge of failing to comply with an order made under the Occupational Health and Safety Act - The Commission had no prior con­victions under the Act - The Nova Scotia Provincial Court imposed a fine of $3,000 for the first charge and $2,000 for the second charge.

Trade Regulation - Topic 7906

Industrial safety - Particular offences - Sentences - Failure to comply with an order under health and safety legislation - [See Trade Regulation - Topic 7905 ].

Cases Noticed:

R. v. Cotton Felts Ltd. (1982), 2 C.C.C.(3d) 287 (Ont. C.A.), refd to. [paras. 15, 20, 24].

R. v. Willaert, [1953] O.R. 282; 16 C.R. 138; 105 C.C.C. 172 (C.A.), refd to. [para. 22].

R. v. Harrison & Garrison, [1978] 1 W.W.R. 162 (B.C.C.A.), refd to. [para. 22].

R. v. Iwaniw; R. v. Overton (1959), 32 C.R. 389; 30 W.W.R.(N.S.) 590; 127 C.C.C. 40 (Man. C.A.), refd to. [para. 22].

R. v. Morrisette (1971), 1 C.C.C.(2d) 307 (Sask. C.A.), refd to. [para. 22].

Statutes Noticed:

Occupational Health and Safety Act, R.S.N.S. 1989, c. 320, sect. 9(1)(a), sect. 49(1)(b) [para. 1].

Counsel:

D. Presse, for the Crown;

John MacPherson, for the defence.

This case was heard on January 20, 1993, at Halifax, Nova Scotia, by MacDonald, C.J.P.C., of the Nova Scotia Provincial Court, who delivered the following decision on February 19, 1993.