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Has the risk of a municipality’s health and safety liability increased?

by BUTTIGIEG B
Has the risk of a municipality’s health and safety liability increased? Under the Ontario Health and Safety Act, duties to ensure the health and safety of workers are imposed on all participants in a construction project, from owners to constructors to employers and individual workers. Photo: Adobe Stock
Published in July 2024 - Page 24

The decision of the Supreme Court of Canada last fall in a case involving a municipal construction site accident in the City of Sudbury has generated a lot of discussion and, in some sectors, concern that the health and safety obligations of an “owner” under Ontario’s Occupational Health and Safety Act (OHSA) have been significantly expanded.

While the decision applies to all construction projects in Ontario, it is especially applicable to municipalities

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