Should non-profit operation be fined like a private company? Ontario court says yes

The Ontario Court of Justice has ruled that the same considerations which apply when fining a private company for a Health and Safety Act violation apply to a not-for-profit operation
|Canadian Employment Law Today

The Ontario Food Terminal Board (OFTB) is a non-profit wholesale fruit and produce distribution centre in Toronto. It leases out space to various wholesalers. In 2004 it was found guilty of failing to use barriers, warning signs or other safeguards to protect workers. An employee’s leg had been severely crushed in a collision with a cube van while he was operating a power walker in an area of the terminal where pedestrian and vehicular traffic meet.

The worker died in hospital four days later of a pulmonary embolism. For purposes of sentencing, this was considered an injury case, not a fatality situation.

The Ontario Ministry of Labour asked that a $100,000 fine be imposed. This was in line with similar cases where a health and safety violation caused serious injury, it argued.