04.1 – Is Z462 Legislatively Enforceable in Canada?

Strict Liability, General Duty Clause, Legislative Referencing – how does this impact employer compliance?

Occupational Health and Safety Law in Canada is that of strict liability. Strict Liability offenses ONLY require the prosecution to prove that a defendant committed an unlawful act, not that the defendant intended to commit the unlawful act.

A defense to a strict liability charge is referred to as a ‘due diligence’ defense. It is up to the defendant to demonstrate they performed or exercised due diligence by taking ‘every precaution reasonable’ in the course of their actions.

All provinces and territories in Canada have some form of the General Duty Clause in their Occupational Health and Safety Acts. The purpose of this clause is to emphasize employers shall, “take every precaution reasonable in the circumstances for the protection of the worker.”

If any CSA standard is DIRECTLY referenced in any statute, this makes that standard legally binding and law.

Indirect referencing can occur in the case of the Canadian Electrical Code (CSA C22.1). The Z462 standard is indirectly referenced through the Canadian Electrical Code which does have legal standing.

British Columbia is the only province in Canada to directly reference the 462 standard.

So is it law across Canada?

So in summary, the only province that directly references the CSA Z462 standard in its statutes appears to be British Columbia. However, the standard is widely adopted across Canada, but is not directly written into the laws of most other provinces, though it is indirectly referenced through the Canadian Electrical Code.

This widely accepted and indirect requirement, through both the general duty clause, the Canadian Electrical Code, and a direct reference, makes the standard a compliance requirement for corporate electrical safe work programs by reasonable due diligence requirements.