On May 28, 2026, Gowling WLG hosted its annual Energy Busbar Session, including a discussion on how senior leadership can navigate life-threatening emergency situations in the Canadian power utility sector. The session was held under the Chatham House Rule, meaning that participants were free to use the information received, but neither the identity nor the affiliation of the speakers, nor that of any other participant, can be revealed. Accordingly, the reflections below represent the views taken by the authors and cannot be attributed to any of the panellists or the session participants.

We are deeply grateful to the panellists, including J. King (Gowling WLG), J. Smith (Gowling WLG), and S. Baranski (Navigator Ltd.), our moderator M. Watson (Gowling WLG), and to all session participants for their willingness to share their experiences and insights on this challenging, sensitive, and highly important topic.

Overview & importance

The energy sector is highly susceptible to life-threatening workplace injuries due to the hazardous nature of its infrastructure, including electrical transmission lines, power generators, and oil and gas pipelines. According to the 2024 Annual Report on Occupational Injuries in the Canadian Federal Jurisdiction, the energy sector's disabling injury frequency rate has quadrupled since 2019, with a 32.6% increase from 2023 to 2024. This growth rate surpasses the industry's labour supply growth, meaning the rise in injuries is not explained by an increase in total hours worked, even though working hours themselves have risen by 144% since 2019.[1]

Ontario employers have a strict legal duty to ensure safe workplaces. Because life-threatening incidents inherently create operational chaos, which severely hinders human decision-making and memory, senior management must proactively establish a crisis response plan. Visible preparation builds employee trust, demonstrates that safety is a core corporate value, and reinforces safe operational practices. Furthermore, a proactive response plan strengthens a company’s due diligence defence in the event of a regulatory prosecution or tragedy.

Crisis management procedure

1. Proactive crisis management planning

Before a life-threatening emergency arises, energy companies should create a crisis management plan that outlines a detailed step-by-step response strategy, including the procedures outlined below, that the company commits to follow when crises occur. Senior management should consult counsel and must consider other external resources, including sophisticated public communications advisors, when forming their crisis management plan.

2. Notify authorities promptly

Post-incident, on-site workers ought to immediately notify local authorities, such as emergency medical services or fire control, to minimize the risk of further injuries. In many Canadian jurisdictions, there is a statutory deadline for making this notification, and there may also be a requirement to notify the coroner. Ontario’s Occupational Health and Safety Act imposes a statutory duty to report unsafe and hazardous incidents to senior management. Senior management holds the greatest responsibility for taking action during a crisis.

3. Engage legal counsel immediately

Early engagement with legal counsel is critical to protecting the organization during the inevitable regulatory investigations.

  • Managing initial shock:

    In a crisis, workers and managers often express a sense of personal fault out of natural shock, grief and empathy, saying things like "I should have done this." These statements can be used against the company in litigation, even if the corporation took all reasonably necessary steps. Proactive communications training and early counsel intervention mitigate this risk.

  • Establishing privilege:

    Documents related to the emergency should be organized under the direction of counsel to invoke appropriate legal protections, such as litigation privilege or solicitor-client privilege. This helps preserve the company’s position while the facts are investigated. Panellists emphasized that not all communications are automatically privileged; protection applies only to confidential communications made for the purpose of seeking or giving legal advice. Tampering with or covering up evidence was strongly discouraged.

4. Cooperate with investigations

Organizations have a legal duty to cooperate with occupational health and safety authorities. This requires preserving the incident scene, maintaining relevant records, and answering questions truthfully.

  • Timeline challenges:

    Because litigation can often take up to five years to commence, companies should document the facts internally within a reasonable time following the incident. This helps ensure the quality of the evidence before memories fade regarding the specific steps taken to mitigate danger.

5. Establish a single point of contact for communications

Organizations must identify a single internal point of contact to handle all external inquiries, ensuring a uniform message and preventing accidental admissions that could harm future litigation.

  • Selecting the spokesperson:

    The spokesperson does not need to be the CEO. It should be an individual capable of maintaining composure and thinking critically under intense stress. Senior executives may feel too close to the tragedy to manage communication objectively.

  • Alternative hierarchy:

    The crisis plan should outline a clear hierarchy of alternate spokespersons in case the primary choice is unavailable.

  • Purpose:

    Crisis communication is not a marketing exercise. Its goal is to manage public safety, calm affected personnel, and protect the organization's foundational reputation.

6. Communicate with authenticity and integrity

The spokesperson should communicate the company's intention to cooperate fully with investigators as soon as possible.

  • Avoid "No comment":

    Remaining silent allows external parties or the media to shape the narrative. First impressions are highly durable. If details are unconfirmed, the spokesperson should default to explaining that the investigation process is underway and expressing confidence that the proper authorities will find answers.

7. Show up

If an incident results in injury or fatality, senior management should prioritize reaching out to the affected employee’s family in person to offer genuine condolences and practical support. Showing up matters during a time of grief. Beyond personal gestures, the organization should offer immediate counselling, extended mental health support, or financial assistance programs for both the families and the coworkers affected by the tragedy.

8. Review and improve safety measures

Once the immediate crisis is contained, senior management must conduct a thorough internal investigation and review its existing safety procedures. Updated protocols, training programs, and equipment upgrades should be implemented promptly. Sharing these corrective steps with the public helps control the narrative, whereas delaying safety improvements risks long-term reputational damage, not to mention avoidable safety incidents.

9. Reinforce regular training

A crisis plan is only effective if employees can execute it. Power sector leaders must conduct regular crisis simulations so that workers fully understand their roles and responsibilities. In a true emergency, personnel may not have physical or digital access to a written plan, meaning they must be able to act on their training instinctively.

Summary

Life-threatening emergencies in the Canadian power utility sector require a response that is swift, authentic, and legally sound. Senior management must balance the immediate need to protect people and preserve evidence with the long-term requirements of legal compliance and reputational recovery. By engaging internal and external resources early, establishing clear communication protocols, supporting those affected, and acting with absolute integrity, energy leaders can navigate severe crises while keeping their organization's values intact.