Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-01-30 and last amended on 2018-12-18. Previous Versions

Marginal note:Duty to safeguard opening in ice

  •  (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.

  • Marginal note:Excavation on land

    (2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.

  • Marginal note:Offences

    (3) Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of

    • (a) manslaughter, if the death of any person results therefrom;

    • (b) an offence under section 269, if bodily harm to any person results therefrom; or

    • (c) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 242;
  • 1980-81-82-83, c. 125, s. 18.
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