Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Duty to safeguard opening in ice

• 263 (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.