OHSA Amendments

EP Update - March 27, 2002

Ministry of Labour Officers require warrants for searches, seizures, testing, sampling and questioning of individuals.

On December 12, 2001, the Occupational Health and Safety Amendment Act, 2001 came into force. This Act was introduced by the Provincial Government in response to the Ontario Court of Appeal’s decision in R. v. Inco (2001), 54 O.R. (3d) 495.

In Inco, the Court held that where an inspector under a regulatory regime possesses reasonable and probable grounds to believe that an offence has been committed, absent exigent circumstances, he or she should first obtain a warrant before interviewing employees and requiring the production of documents.

Under the new legislation, an inspector must obtain a warrant if he or she has reasonable and probable grounds to believe that an offence has or is being committed, in order to obtain information and other evidence concerning the offence. On application without notice, a justice of the peace or provincial court judge may issue a warrant authorizing the inspector “to use any investigative technique or procedure”, including seizing documents and equipment, conducting tests and making enquiries of any person. Warrantless searches will still be permitted in exigent circumstances.