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Consequences of not complying with WHMIS
Every person who contravenes or fails to comply with the act or ministry orders is guilty of an offense. Upon conviction, fines up to $25,000 and up to 12 month jail term per offense.
Corporation: fines up to $500,000 per offense.
Accused person (incl. Corp.) may be found liable for any act or neglect on the part of directors, managers, supervisors, officers etc., as if offense was committed by accused strict liability.
Bill C-45 and how it pertains to WHMIS
Effective March 31, 2004, Bill C-45 was approved to amend the criminal code to clearly define who is responsible for the safety of persons in the workplace and to allow for prosecution under charges of "criminal negligence" when those responsibilities are recklessly or willfully disregarded.
Bill C-45 expands on the definition of which person(s) is responsible for injuries in the workplace, how to determine and then prove if an organization was a party to an offense with intent and knowledge, the sentencing of an organization, and fitting punishments. For more information, go to http://www.justice.gc.ca/en/dept/pub/c45
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