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Workers Compensation Act - Excerpts and Summaries

Part 3 Division 15 - Offences

Offence to contravene Part, regulation or order
213

(1) A person who contravenes a provision of this Part, the regulations or an order commits an offence.

(2) If a corporation commits an offence referred to in subsection (1), an officer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence also commits an offence.

(3) Subsection (2) applies whether or not the corporation is prosecuted for the offence.

Limits on prosecutions
214

(1) The time limit for laying an information in respect of an offence is 2 years after the last occurrence of the act or omission on which the prosecution is based.

(2) An information in respect of an offence may only be laid with the approval of the Board.

Defence of due diligence
215

A person is not guilty of an offence if the person proves that the person exercised due diligence to prevent the commission of the offence.

Additional defence for workers
216

A worker is not guilty of an offence if the worker proves that the offence was committed

(a) as a result of instructions given by the worker's employer or supervisor, and

(b) despite the worker's objection.

General penalties
217

On conviction for an offence, a person is liable to the following penalties:

(a) in the case of a first conviction,
(i) a fine of not more than $589 010.00 and, in the case of a continuing offence, to a further fine of not more than $29 450.52 for each day during which the offence continues after the first day,
(ii) imprisonment for a term not exceeding 6 months, or
(iii) both fine and imprisonment;

(b) in the case of a subsequent conviction,
(i) a fine of not more than $1 178 019.98 and, in the case of a continuing offence, to a further fine of not more than $58 901.00 for each day during which the offence continues after the first day,
(ii) imprisonment for a term not exceeding 12 months, or
(iii) both fine and imprisonment.

Note: This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act. Sections 218-220 establish the scope of penalties and additional powers on sentencing. The following are key points from these sections: Section 218: Additional penalty to reclaim monetary benefit (summary) On conviction for an offence, the court may order the offender to pay, in addition to the fine levied in section 217, a fine in an amount equal to the estimation by the court of the amount of any monetary benefits accrued as a result of commission of the offence. Section 219: Additional powers on sentencing (summary) If a person is convicted of an offence, in addition to any other punishment imposed, the court may make an order doing one or more of the following: - directing the person to perform community service; - directing the person to pay to the Board an amount for the purpose of research or public education related to occupational health and safety; - directing the person to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with this section; - directing the person to submit to the Board, within 3 years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances; - directing that the facts relating to the commission of the offence be published by the Board at the expense of the person convicted, subject to any restrictions established by the court; - prohibiting the person from working in a supervisory capacity at any workplace for a period of not more than 6 months from the date of conviction; or - requiring the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct and for preventing the person from repeating the offence or committing other offences under Part 3. This type of order comes into force on the day on which it is made or on another day specified by the court, but must not continue in force for more than 3 years after that day. Section 220: Penalties to be paid into accident fund (summary) Fines must be transferred into the accident fund. For details, see Part 3, Division 15 of the Act.

Note: This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 218-220 establish the scope of penalties and additional powers on sentencing. The following are key points from these sections:

Section 218: Additional penalty to reclaim monetary benefit (summary)

On conviction for an offence, the court may order the offender to pay, in addition to the fine levied in section 217, a fine in an amount equal to the estimation by the court of the amount of any monetary benefits accrued as a result of commission of the offence.

Section 219: Additional powers on sentencing (summary)

If a person is convicted of an offence, in addition to any other punishment imposed, the court may make an order doing one or more of the following:

- directing the person to perform community service;

- directing the person to pay to the Board an amount for the purpose of research or public education related to occupational health and safety;

- directing the person to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with this section;

- directing the person to submit to the Board, within 3 years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances;

- directing that the facts relating to the commission of the offence be published by the Board at the expense of the person convicted, subject to any restrictions established by the court;

- prohibiting the person from working in a supervisory capacity at any workplace for a period of not more than 6 months from the date of conviction; or

- requiring the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct and for preventing the person from repeating the offence or committing other offences under Part 3.

This type of order comes into force on the day on which it is made or on another day specified by the court, but must not continue in force for more than 3 years after that day.

Section 220: Penalties to be paid into accident fund (summary)

Fines must be transferred into the accident fund.

For details, see Part 3, Division 15 of the Act.

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WorkSafeBC endeavours to update the online OHS Regulation as soon as possible following any legislative amendments. However, WorkSafeBC does not warrant the accuracy or the completeness of the online OHS Regulation, and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any person for any loss or damage of any nature, whether arising out of negligence or otherwise, arising from the use of the online OHS Regulation.

Employers are legally obligated to make a copy of the Workers' Compensation Act and the OHS Regulation readily available for review by workers. The circumstances under which WorkSafeBC may consider an employer's providing access to electronic versions of the Act and OHS Regulation to have satisfied this obligation are described in Guideline G-D3-115(2)(f).