Bill C-260
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C-260
Second Session, Fortieth Parliament,
57 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-260
An Act to amend the Criminal Code (legal duty outside Canada)
first reading, January 27, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. Martin (Winnipeg Centre)
401040
SUMMARY
This enactment amends the Criminal Code to extend the legal duty of every person who directs how another person does work or performs a task to Canadian citizens and organizations wherever they are in the world.
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http://www.parl.gc.ca
2nd Session, 40th Parliament,
57 Elizabeth II, 2009
house of commons of canada
BILL C-260
An Act to amend the Criminal Code (legal duty outside Canada)
Whereas Canada recognizes the fundamental rights of workers, including their right to be free from unhealthy and unsafe work environments that can result in serious injury or death;
Whereas Canada has already enacted domestic legislation to hold employers liable for criminal negligence causing bodily harm or death, namely, An Act to amend the Criminal Code (criminal liability of organizations), chapter 21 of the Statutes of Canada, 2003, commonly known as the “Westray Bill”;
Whereas the United Nations has called upon business leaders to observe standards relating to human rights, labour, the environment and anti-corruption measures through its Global Compact initiative;
Whereas some corporations — including Canadian corporations — operating in devel-oping countries have failed to maintain accept-able minimum standards of workplace health and safety, resulting in injury and death to workers;
Whereas a majority of Canadians want Canadian corporations to meet the same minimum health and safety standards for their employees abroad as they are required to meet in Canada;
Whereas a former Canadian Minister of Foreign Affairs has indicated that Canadian law currently does not permit the Government of Canada to take action against Canadian corporations complicit in the violation of rights outside Canada;
And whereas the Criminal Code contains a provision aimed at protecting children in other countries from Canadian sexual predators, thus establishing a precedent for the extraterritorial application of Canadian law to Canadian citizens;
R.S., c. C-46
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 7 of the Criminal Code is amended by adding the following after subsection (4.3):
Legal duty outside Canada
(4.4) Notwithstanding anything in this Act or any other Act, every one who is under a legal duty described in section 217.1 is deemed to be under that legal duty outside Canada, and every one who breaches that duty is deemed to have breached it within Canada.
Published under authority of the Speaker of the House of Commons
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