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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: New Nova Scotia pension plan asset transfer regulations

November 30, 2017

Peter McLellan, QC and Level Chan On November 29, 2017, the Nova Scotia Department of Finance and Treasury Board released new regulations with respect to asset transfers between pension plans that are effective November 28, 2017.…

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Client Update: Federal government desires feedback on proposed Cannabis Act regulations

November 28, 2017

Rick Dunlop and Kevin Landry The federal government has opened its 60-day consultation period with the release of its Proposed Approach to the Regulation of Cannabis. The paper outlines a potential regulatory framework which could…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – 2017 Atlantic Canada legislative update

November 28, 2017

Josie Marks and Lara Greenough As 2017 comes to a close, please find below a summary of significant 2017 legislative amendments in each of the Atlantic Canadian provinces as well as federally, along with a…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – Changes to the federal pay equity scheme expected in 2018

November 17, 2017

Brian Johnston, QC and Julia Parent In response to the report of the House of Commons committee on pay equity, the federal Liberal government announced its intention to bring in legislation to better ensure that…

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Client Update: New Brunswick proposes Pooled Registered Pension Plan legislation

November 17, 2017

Paul Smith and Dante Manna On November 14, 2017, Bill 22, also known as the proposed Pooled Registered Pension Plan Act (the “NB Act”), was introduced in the New Brunswick Legislature. If passed, New Brunswick…

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Client Update: TSX Company Manual amendments will result in a “modest increase” to listed issuer’s disclosure practices

November 16, 2017

Andrew Burke and Kevin Landry The Toronto Stock Exchange (“TSX”) has made two recent changes to the TSX Company Manual that will impact disclosure: A. It introduced a requirement for many corporate listed issuers to…

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Statutory interpretation & social justice

November 14, 2017

Jennifer Taylor There is a role for social justice in statutory interpretation, according to the Nova Scotia Court of Appeal in the recent decision of Sparks v Nova Scotia (Assistance Appeal Board). This case is…

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Client Update: New Brunswick introduces Cannabis Control Act

November 14, 2017

Kevin Landry and Jamie Watson New Brunswick’s proposed cannabis regulatory scheme has been introduced. An initial press release was followed by the introduction of amendments to the New Brunswick Liquor Control Act, and the Motor…

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Pensions & Employee Benefits Update: Nova Scotia pension funding framework & regulatory review

October 24, 2017

Peter McLellan, QC & Level Chan In September 2017, Nova Scotia’s Department of Finance and Treasury Board announced that stakeholder input is being sought regarding potential permanent changes to the funding framework for defined benefit…

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Client Update: Cryptocurrencies: securities law implications

September 28, 2017

Andrew Burke & Divya Subramanian Securities markets around the world are grappling with new concerns: As fintechs make cryptocurrency offerings such as Initial Coin Offerings (ICOs), Initial Token Offerings (ITOs) or other digital token offerings,…

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