Will Shaw Quoted in HR Reporter Article on Director and Officer Liability for Environmental Offences

Lawson Lundell partner Will Shaw was recently featured in an HR Reporter article discussing a significant B.C. Court of Appeal ruling on director and officer liability.

The article, “Directors, officers can be held personally liable for environmental offences: BC Court of Appeal,” examines R. v. Mossman. The court confirmed that directors and officers in regulated industries can be held personally liable for a company's environmental offences, even if they had no direct knowledge of the non-compliant conduct.

In the article, Will highlights that liability under environmental statutes often hinges on an individual's sphere of operational control rather than what they specifically knew was happening.

“You could be responsible for things that you aren't aware of but should have been aware of,” Will explains.

To mitigate these risks, Will emphasizes the importance of robust due diligence and clear corporate documentation.

“Whenever we're advising people on due diligence defences — or preferably on preparing a due diligence program before there's any kind of charge — documentation is key to this,” he says. This includes regularly reviewing and updating policies, procedures, and job descriptions to align with industry regulations.

While the ruling stemmed from a mining case, Will cautions that the principles apply broadly across other regulated sectors, including forestry, transportation, and heavy industry.

Read the article here.