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Atlantic Employers’ Counsel – Spring 2014

The Editor’s Corner

Clarence Bennett

This edition focuses on employment and labour issues in Construction. From occupational health and safety legislation to what you need to know when the union organizer arrives at your workplace. We also cover off the general labour and employment differences between non-union and union construction sites in Newfoundland and Labrador.

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Safety begins with you: what construction employers in Atlantic Canada need to know about occupational health and safety

Rebecca Saturley and Michelle McCann

Workplace injury and death is highest in the construction industry. In 2008, the Federal Government recorded an average of 24.5 injuries annually per 1,000 employees in the construction industry. Given these statistics, it is in a construction employer’s best interest to take all reasonable measures to ensure safety on construction worksites.

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Recent construction industry safety violation discipline decisions: due diligence means enforcing rules

Clarence Bennett and Alison Strachan

Effective health and safety programs must meet provincial occupational health and safety standards and employers must always exercise due diligence in taking steps to meet those standards. Ongoing enforcement of a health and safety program is a must. If not, it is arguable that the employer is not meeting its due diligence requirements and may face unnecessary difficulty defending an occupational health and safety prosecution.

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Unionization and its impact in the construction industry

Rick Dunlop, Sacha Morisset, Stephen Carpenter and Stephen Penney

Non-union employers in Atlantic Canada’s construction industry should be aware of the relative ease with which they can become unionized and the significant impact that unionization can have on the operation of their businesses.

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Unionized and non-unionized management rights in the construction industry: the Newfoundland and Labrador snapshot

Ruth Trask

Has your Newfoundland-based construction company recently been certified by a union, or are you contemplating the use of a union subcontractor on your worksite? There are a number of unique features of the construction industry in Newfoundland and Labrador. This article will make you aware of just a few of them.

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Client Update: It’s here now! Breach reporting for Canadian businesses under PIPEDA

October 19, 2018

Rob Aske You likely heard rumblings over the spring and summer, but now it’s here. Canada’s federal privacy law known by the acronym PIPEDA (Personal Information Protection and Electronic Documents Act) adds privacy breach reporting…

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Client Update: Recent Proposed Leaves for Nova Scotia

September 28, 2018

Guy-Etienne Richard The Nova Scotia government introduced Bill 29 on September 14, 2018 to increase pregnancy and parental leave to reflect the recent changes by the federal government to Employment Insurance (“EI”). Those EI changes…

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Discovery: Atlantic Education & the Law – issue 03

September 26, 2018

We are pleased to present the third issue of Discovery: Atlantic Education and the Law, our very own legal publication targeted to educational institutions in Atlantic Canada. A new school year has begun and fall…

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Client Update: Border concerns growing for cannabis industry participants

July 27, 2018

Kevin Landry News articles have reported Canadians being labelled as “inadmissible” or being denied entry at the United States’ border because of ties to the cannabis industry. Being labeled inadmissible by border authorities is the…

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Client Update: Duty to consult in Prince Edward Island (Epekwitk)

June 29, 2018

Jonathan Coady and Justin Milne On June 25, 2018, the Supreme Court of Prince Edward Island (the “Supreme Court”) released its much anticipated decision in Mi’kmaq of P.E.I. v. Province of P.E.I.2 This is the first…

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Client Update: Cannabis Act Regulations Revealed

June 28, 2018

Kevin Landry Health Canada released the Cannabis Act Regulations (the “Regulations”) at a news conference on June 27, 2018. The Regulations will be published in final form in the July 11, 2018 version of in…

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Client Update: Keeping up with crypto – CSA issues another staff notice; AML regulations proposed to be amended

June 26, 2018

Andrew Burke, David Randell and Divya Subramanian There is never a dull moment when it comes to cryptocurrency: whether it is the hacking of a South Korean crypto exchange, the U.S. Securities and Exchange Commission…

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Client Update: Isn’t Canada Day always on July 1? (updated)

June 21, 2018

Grant Machum and Sheila Mecking While most people think Canada Day is on July 1st, once every 6 years, July 1st falls on a Sunday. When that happens, according to federal legislation, Canada Day is…

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Client Update: Introduction of Prince Edward Island’s new Business Corporations Act

June 14, 2018

James Travers, QC and Justin Milne A new Bill, the Business Corporations Act (“Act”), recently passed by the Prince Edward Island legislature, has made significant changes to the way corporations will be governed in Prince…

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Client Update: Bylaw requirements under the Municipal Government Act

June 7, 2018

Perlene Morrison and Hilary Newman Municipalities in Prince Edward Island entered a new era when the Municipal Government Act (the “MGA”) was proclaimed into force on December 23, 2017. The MGA modernized the Province’s municipal…

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