Publications
December 2010
ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY

A limited partnership is not a body corporate under this act

By Alexandre McCormack

Is a limited partnership subject to the penalties applicable to a body corporate under the Act respecting occupational health and safety?

In a decision rendered on October 28th in the matter of Commission sur la santé et sécurité du travail v. Dollarama S.E.C., (700-63-001117-103), citing section 2188 of the Civil Code of Québec and caselaw (Ville de Laval v. Polyclinique médicale Fabreville S.E.C. and Polyclinique médicale Fabreville inc., [2007] QCCA 426), the Court of Québec, Criminal and Penal Division, concluded that a limited partnership was not a body corporate under the Act and that the penalties under the Act respecting occupational health and safety for an infraction committed by a body corporate therefore did not apply to a limited partnership.

The Act currently sets out two types of penalties: one that applies to all infractions committed by an individual and another that applies to all infractions committed by a corporation.

The Court concluded that the Act does not stipulate penalties for infractions committed by limited partnerships, since, like general partnerships, limited partnerships are qualified as "individuals" under the Act.

Should you require additional information on the obligations of a limited partnership or any other corporation under the Act respecting occupational health and safety, please do not hesitate to contact us.