Can a director or officer of an Ontario corporation face personal liability for a workplace safety violation?

Yes. Under Ontario's Occupational Health and Safety Act, a director or officer of a corporation is personally liable for ensuring the corporation complies with the Act. The OHSA imposes a specific duty on directors and officers to take all reasonable care to ensure that the corporation complies with the Act, regulations, and any orders made under it. Conviction of a director or officer under OHSA can result in a fine and in serious cases imprisonment.

This liability is in addition to the corporation's own liability. Both the corporation and the individual director or officer can be prosecuted and fined for the same offence. The duty is proactive: directors and officers cannot simply wait for Ministry of Labour inspectors to identify problems. They are expected to ensure that health and safety programs are in place, that workers are trained, that hazards are identified and controlled, and that supervisors understand their obligations.

Demonstrating active oversight of health and safety — through documented policies, regular audits, management accountability systems, and prompt corrective action when hazards are identified — provides the best available defence. After a serious workplace injury or fatality, corporate leaders are regularly scrutinized and can face both regulatory prosecution and, in the most serious cases, criminal negligence charges under the Criminal Code. Directors should ensure they receive regular health and safety compliance reports from management.