R. v. Lorneville Mechanical Contractors Ltd., (1993) 145 N.B.R.(2d) 161 (PC)

• Judge: Nicholas, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: January 07, 1993
• Jurisdiction: New Brunswick
• Citations: (1993), 145 N.B.R.(2d) 161 (PC)

R. v. Lorneville Mechanical (1993), 145 N.B.R.(2d) 161 (PC);

    145 R.N.-B.(2e) 161; 372 A.P.R. 161

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty The Queen v. Lorneville Mechanical Contractors Ltd.

Indexed As: R. v. Lorneville Mechanical Contractors Ltd.

New Brunswick Provincial Court

Nicholas, P.C.J.

January 7, 1993.

Summary:

One of the accused company's contract employees died from heat stress. The ac­cused pleaded guilty to violating s. 23(1) of Regulation 91-191 under the Occupational Health and Safety Act (i.e., failure to advise of danger and prevention of heat stress), thereby committing an offence under s. 9(1)(b) of the Act.

The New Brunswick Provincial Court fined the accused $7,500.

Trade Regulation - Topic 7902

Industrial safety - Particular offences - Sentences - Considerations on imposing sentence - [See Trade Regulation - Topic 7907 ].

Trade Regulation - Topic 7907

Industrial safety - Particular offences - Sentences - Failure to comply with Regu­lations under health and safety legislation - A company doing maintenance and repair work at a mill hired the 35 year old union worker - The weather was unusually warm and the working environment was very hot - Over a several day period the worker suffered from heat stress and got progressively worse until he finally died - Section 23(1) of the Occupational Health and Safety Act Regulations required em­ployers to advise employees of the dan­gers, symptoms and precautions against heat stress - This was not done - Section 22 was also not complied with (i.e., mea­surement of temperatures and threshold limits for protection) - The company had three or four full-time employees and hired extra union workers on a contract basis as needed for projects - The com­pany had no previous safety violations - The maximum fine under s. 47(1) of the Act was $50,000 - The New Brunswick Provincial Court, stressing deterrence as the paramount consideration, and noting that any fine had to be more than a mere licence for illegal activity, fined the com­pany $7,500.

Cases Noticed:

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

R. v. Ford Motor Co. of Canada (1979), 9 C.C.C.(2d) 1 (Ont. C.A.), refd to. [para. 35].

R. v. Gordon (1982), 42 N.B.R.(2d) 381; 110 A.P.R. 381 (T.D.), refd to. [para. 154].

Statutes Noticed:

Occupational Health and Safety Act, S.N.B. 1983, c. O-0.2, sect. 9(1)(a) [para. 148]; sect. 9(1)(b) [para. 136]; sect. 12 [para. 88]; sect. 47(1) [para. 134].

Occupational Health and Safety Act Regulations (N.B.), Regulation 91-191, sect. 22 [para. 146]; sect. 23 [para. 6].

Authors and Works Noticed:

Nadin-Davis, Sentencing in Canada (1982), generally [para. 35].

Counsel:

Keith McCormick, for the Crown;

J. Paul M. Harquail, for the defence.

This case was heard on January 7, 1993, at Woodstock, N.B., before Nicholas, P.C.J., of the New Brunswick Provincial Court, who delivered the following judgment orally on January 7, 1993.