As harvest continues across the prairies, a recent Alberta decision serves as an important reminder to prioritize safety on the farm. George’s Farm Centre Ltd. was fined $108,000 after a worker was seriously injured by a rolling air seeder tank. The funds will go toward developing hazard-recognition simulation software at the University of Calgary.
In addition to functioning as a stark reminder regarding farm safety, the case highlights the rather unique “creative sentencing” option under the Alberta Occupational Health and Safety Act, allowing fines to be directed toward specific safety-enhancing initiatives.
On September 19, 2025, George’s Farm Centre Ltd. (George’s Farm) pleaded guilty to one count under Alberta’s Occupational Health and Safety Code for permitting a worker to remain in range of a moving load or any part of powered mobile equipment that created a danger to the worker. Six other counts against George’s Farm were withdrawn. All charges stemmed from a workplace incident that occurred on June 23, 2023, in Lacombe County, Alberta, when a worker was seriously injured after attempting to stop an air seeder tank that had rolled back after being unhooked from a tractor.
Alberta’s Occupational Health and Safety Act (OHS Act) expressly allows for creative sentencing options. In particular, section 49 of the OHS Act permits the court to direct a person convicted of an offence to pay a prescribed amount towards a specific purpose, including for training or education programs, research, worker health and safety initiatives, establishment and maintenance of scholarships, and any other purpose that furthers the goal of achieving safe and healthy worksites. In this case, George’s Farm was ordered to pay $108,000 to the University of Calgary for the development of immersive hazard-recognition simulation software. It was reported that this training tool will be adaptable and customizable for multiple work sites, enhancing hazard recognition and mitigation strategies while allowing for improved competency assessment and offering solutions for language/literacy accessibility.
Although not all jurisdictions in Canada have health and safety legislation that provides for creative sentencing options, that does not preclude the Crown and Defence from crafting joint sentencing submissions that encompass creative proposals to the Court at sentencing. Doing so allows the Court to take into consideration funds directed to organizations or projects to promote health and safety or contributed to a relevant cause as mitigating factors which may ultimately reduce the total fine required under the legislation.
Key takeaways
Workplace health and safety accidents are not only extremely disruptive to operations at the time of the incident, but can continue to have costly implications for years down the road. The George’s Farm case is an important reminder that all workplace parties, including those in the farming context, need to take the appropriate steps to ensure work is carried out safely.
For more information, feel free to reach out to the MLT Aikins occupational health and safety practice group. Our experienced team has significant experience working with employers to develop due diligence programs that enhance safety and legal compliance at many workplaces, including farming operations.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
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