Canada Labour Code Prosecution: Halifax Port Authority

The incident

On July 9, 2018, a dump truck operator employed by Scotia Scapes Landscaping Inc. was delivering a load of pyritic slate to a worksite of the Halifax Port Authority. Following instructions, they backed up the truck to the edge of the dumping area unassisted, lost control of the truck, backed into Bedford Basin and drowned.

Prosecution

Following an investigation by the Labour Program, on July 6, 2020, the Halifax Port Authority was charged with an offence under Part II of the Canada Labour Code (Code).

On February 24, 2022, the Halifax Port Authority was found guilty of failing to install guards, guard-rails, barricades and fences in the work place in order to prevent rear-dumping motorized materials handling equipment from tipping at the edge of a sudden drop in grade level, as prescribed by subsection 14.40 of the Canada Occupational Health and Safety Regulations SOR/86-304, and to subsection 125(1)(b) of the Code, thereby committing an offence under subsection 148(1) of the Code.

The Halifax Port Authority was ordered by the Provincial Court of Nova Scotia to pay a fine of $75,000 and make a charitable donation of $15,000.