Section 263 — Criminal Code: Duty to safeguard opening in ice

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. 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. Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of manslaughter, if the death of any person results therefrom; an offence under section 269, if bodily harm to any person results therefrom; or an offence punishable on summary conviction.