Occupational Health and Safety Act

47

Every person who

(a) fails to comply with an order or decision pursuant to this Act, the regulations and the OHS Code,

(b) intentionally obstructs a Director or an officer in the exercise of the Director’s or the officer’s powers or the performance of the Director’s or the officer’s duties,

(c) fails to reasonably cooperate with a Director or an officer in the exercise of the Director’s or the officer’s powers or the performance of the Director’s or the officer’s duties,

(d) knowingly makes any false statement or knowingly gives false information to an officer or a police officer engaged in an inspection under section 34 or an investigation under section 36,

(e) makes or causes to be made a false entry in any register, book, notice or other document required to be kept by the person pursuant to this Act, the regulations or the OHS Code, or deletes or destroys any true or proper entry in any of those documents,

(f) fails to report an injury, illness, incident or worker exposure under section 33, or

(g) fails to comply with any provision in this Act, the regulations or the OHS Code

is guilty of an offence.

48(1)

A person who is guilty of an offence under section 47 is liable

(a) for a first offence,

(i) to a fine of not more than $500 000 and, in the case of a continuing offence, to a further fine of not more than $30 000 for each day during which the offence continues after the first day or part of a day, or

(ii) to imprisonment for a term not exceeding 6 months,

or to both fines and imprisonment,

and

(b) for a 2nd or subsequent offence,

(i) to a fine of not more than $1 000 000 and, in the case of a continuing offence, to a further fine of not more than $60 000 for each day or part of a day during which the offence continues after the first day, or

(ii) to imprisonment for a term not exceeding 12 months,

or to both fines and imprisonment.

48(2)

Notwithstanding subsection (1), a person who fails to comply with an order made under section 39 or as varied under section 41 or 45 is guilty of an offence and liable to a fine of not more than $1 000 000 or imprisonment for a term not exceeding 12 months or to both a fine and imprisonment.

48(3)

A prosecution under this Act may be commenced within 2 years after the commission of the alleged offence, but not afterwards.

49(1)

Where a person is convicted of an offence against this Act, the regulations or the OHS Code, in addition or as an alternative to taking any other action provided for in this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order directing the person

(a) to pay, in the manner and the amount prescribed by the court, a sum of money to a party named by the court to be the recipient of such funds, for any of the following purposes:

(i) training or educational programs regarding the health and safety of workers;

(ii) research programs into the diagnostic, preventative or remedial aspects of worker health and safety;

(iii) any worker health and safety initiative by a non‑profit organization;

(iv) the establishment and maintenance of scholarships for educational institutions offering studies in occupational health and safety and related disciplines;

(v) any other purpose that furthers the goal of achieving healthy and safe work sites,

or

(b) to take any other action the court considers proper.

49(2)

The order referred to in subsection (1) may contain any substance or conditions that the court considers appropriate.

49(3)

The order referred to in subsection (1) may impose terms and conditions on the recipient of any funds paid in accordance with an order made under subsection (1)(a).

50(1)

If a person is ordered under section 49 to pay money to any other person and fails to pay

(a) the entire amount before the expiry of the time period within which the order requires the entire amount to be paid, or

(b) an instalment toward the entire amount before the expiry of the time period within which the order requires the instalment to be paid,

then, on the expiry of that time period, the entire amount, or that portion that then remains unpaid, is deemed to be a fine imposed on the person and is enforceable by the Crown in right of Alberta in the same manner as any other fine may be enforced under the Provincial Offences Procedure Act.

50(2)

Subsection (1) does not apply where the order requiring the payment of money was made before the coming into force of this section.