R. v. Nova Scotia Power Inc., (2008) 271 N.S.R.(2d) 341 (PC)

• Judge: Derrick, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: November 13, 2008
• Jurisdiction: Nova Scotia
• Citations: (2008), 271 N.S.R.(2d) 341 (PC);2008 NSPC 72

R. v. N.S. Power (2008), 271 N.S.R.(2d) 341 (PC);

    867 A.P.R. 341

MLB headnote and full text

Temp. Cite: [2008] N.S.R.(2d) TBEd. DE.001

Her Majesty the Queen (Department of Environment and Labour) v. Nova Scotia Power Incorporated

(1714395; 2008 NSPC 72)

Indexed As: R. v. Nova Scotia Power Inc.

Nova Scotia Provincial Court

Derrick, P.C.J.

December 1, 2008.

Summary:

On December 4, 2004, Wrice was working the day shift at the Nova Scotia Power Thermal Generating Station at Lingan, New Waterford. He was alone in the Tripper Gallery of the plant, performing coal handler duties. At approximately 12:30 p.m., Wrice's hard hat was found near the slot opening in the Tripper Gallery floor for coal hopper 3-B. Wrice was discovered 10 hours later in coal hopper 3-B, dead. His body was found fourteen feet inside the coal hopper buried in coal. Nova Scotia Power Inc. (NSPI) pled guilty to failing to ensure that a means of fall protection or an equivalent level of safety was provided as prescribed by s. 7(1) of the Fall Protection and Scaffolding Regulations contrary to ss. 13(1) and 74(1) of the Occupational Health and Safety Act. A second charge that NSPI failed to ensure that a guardrail(s) was/were provided as prescribed by s. 9 of the Fall Protection and Scaffolding Regulations, and did thereby commit an offence contrary to ss. 13(1) and 74(1) of the Act, was dismissed.

The Nova Scotia Provincial Court imposed a fine of $25,000, ordered that NSPI pay for three Public Awareness sessions being developed by the Nova Scotia Construction Safety Association ($5,000 per session, totalling $15,000) and imposed a victim surcharge of $3,750. The total sentence was $43,750.

Trade Regulation - Topic 7907

Industrial safety - Particular offences - Sentences - Failure to comply with Regulations under health and safety legislation - On December 4, 2004, Wrice was working the day shift at the Nova Scotia Power Thermal Generating Station at Lingan, New Waterford - He was alone in the Tripper Gallery of the plant, performing coal handler duties - At approximately 12:30 p.m., Wrice's hard hat was found near the slot opening in the Tripper Gallery floor for coal hopper 3-B - Wrice was discovered 10 hours later in coal hopper 3-B, dead - His body was found fourteen feet inside the coal hopper buried in coal - Nova Scotia Power Inc. (NSPI) pled guilty to failing to ensure that a means of fall protection or an equivalent level of safety was provided as prescribed by s. 7(1) of the Fall Protection and Scaffolding Regulations contrary to ss. 13(1) and 74(1) of the Occupational Health and Safety Act - An autopsy was unable to establish the cause of death where Wrice suffered from seizures and a heart condition - NSPI had mistakenly assumed that there was no danger where a human body could not fit through the slot - The Nova Scotia Provincial Court considered the mitigating factors, NSPI's guilty plea, its safety record and the steps it had taken since Wrice's accident to address and enhance workplace safety and imposed a fine of $25,000, ordered that NSPI pay for three Public Awareness sessions being developed by the Nova Scotia Construction Safety Association ($5,000 per session, totalling $15,000) and imposed a victim surcharge of $3,750 - The total sentence was $43,750.

Cases Noticed:

R. v. Cotton Felts Ltd., [1982] O.J. No. 178 (C.A.), consd. [para. 28].

R. v. Roussy, [1977] O.J. No. 1208 (C.A.), refd to. [para. 29].

R. v. General Scrap Iron & Metals Ltd. (2003), 322 A.R. 63 (Q.B.), refd to. [para. 30].

R. v. Meridian Construction Inc. et al. (2005), 237 N.S.R.(2d) 58; 754 A.P.R. 58 (Prov. Ct.), refd to. [para. 31].

R. v. Leil (A.W.) Cranes & Equipment (1986) Ltd. (2003), 223 N.S.R.(2d) 225; 705 A.P.R. 225 (Prov. Ct.), refd to. [para. 36].

R. v. New Glasgow (Town) (2008), 263 N.S.R.(2d) 390; 843 A.P.R. 390 (Prov. Ct.), refd to. [para. 52].

Authors and Works Noticed:

Keith, Norman A., Canadian Health and Safety Law: A Comprehensive Guide to Statutes, Policies and Case Law (2008 Looseleaf), generally [para. 27].

Counsel:

Peter Craig, for Her Majesty the Queen, Department of Environment and Labour;

Daniel Ingersoll and Rebekah Powell, for Nova Scotia Power Inc.

This case was heard on November 13, 2008, at Sydney, N.S., by Derrick, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on December 1, 2008.