This is critical for companies that have employees’ drive their private vehicle or company vehicles during the course of performing their jobs.
Criminal Code, Labour Law, and WSIB covers this occurrence.
Due diligence and an auditable paper trail will keep the company in good standing.
Criminal code 217.1 stipulates:
Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.
Section 22.1 provides the rules that govern how an organization can be held criminally responsible as a party to an offence where the offence charged is one that requires proof of negligence (e.g., criminal negligence causing death (section 220) or bodily harm (section 221)). An organization can be held criminally liable for this type of offence, where:
authority was a party to the offence; and,
prevent the representative from being a party to the offence.