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Atlantic Employers’ Counsel – Summer 2013

DUE DILIGENCE

Generally, occupational health and safety legislation in Atlantic Canada, like other jurisdictions, requires employers to take reasonable precautions to ensure the health and safety of workers in their workplace.

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INCIDENT RESPONSE

What will happen at your workplace if a serious incident or fatality occurs? Will your managers know how to respond?

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LEGISLATIVE UPDATE AND RECENT CASES


Newfoundland & Labrador

Amendments to the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act that can be read herewill establish a new occupational health and safety regime in offshore areas of Newfoundland and Labrador.

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Nova Scotia
Amendments to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act received proclamation and will come into force on a future date.

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Prince Edward Island
A change was recently made to the Prince Edward Island Occupational Health and Safety Act (the “PE OHS Act“) effective May 8, 2013. As a result, a prosecution for an offence under the PE OHS Act must now be commenced within two years.

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New Brunswick
On June 1, 2014, significant amendments to the New Brunswick Occupational Health and Safety Act (the “NB OHS Act“) will come into force.

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CANADA LABOUR CODE

Two recent cases prosecuted under the Canada Labour Code (the “CLC“) identify mitigation as a factor to take into consideration when sentencing and the importance of a safety culture at the workplace.

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RECENT OCCUPATIONAL HEALTH AND SAFETY PENALTIES IN ATLANTIC CANADA

Learn more about recent penalties throughout Atlantic Canada.

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The cost of doing justice – judicial salaries and the rule of law in Newfoundland and Labrador (Provincial Court) v. Newfoundland

April 6, 2022

Joe Thorne How much does the rule of law cost? That question may seem crude, but it is the practical reality of our constitutional system. There are three branches of government: the judiciary, who interpret…

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The clock is ticking: Limitation periods vs. settlement privilege in Balsom v. Rideout

April 1, 2022

Joe Thorne and Sarah Hogan Insurance professionals likely breathed a sigh of relief as the Court of Appeal of Newfoundland and Labrador released its recent decision, Balsom v. Rideout.¹ The Court of Appeal affirmed the…

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Renoviction Ban lifted: the renoviction procedure in Nova Scotia

April 1, 2022

Brian Tabor, QC, Nico Jones and Hannah Brison Upon termination of the Renoviction Ban (March 20, 2022), new rules regarding renovictions came into effect. In summary, these rules require: The landlord to make an application…

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A new provincial deed transfer tax and property tax regime for non-residents of Nova Scotia

March 31, 2022

Brian Tabor, QC and Eyoab Begashaw Effective April 1, 2022, the Province of Nova Scotia announced that it will be implementing new property taxes impacting non-resident property owners. As a part of the 2022-2023 provincial…

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Labour and Employment webinar – Navigating Section 240

March 30, 2022

In a recent webinar, a panel of our experienced labour and employment lawyers discussed how federally regulated workplaces might address section 240 of the Canada Labour Code. This addresses how to navigate the employment termination…

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Beneficial ownership, corporate transparency and other updates affecting Newfoundland and Labrador corporations

March 23, 2022

Sarah Byrne and Tauna Staniland, QC On November 16, 2021, the Government of Newfoundland and Labrador proclaimed into force Bill 24, which amends the Corporations Act, RSNL 1990, c C-36 (the “Act”). The amendments remove the…

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Proposed amendments to Cannabis Regulations make it easier to be green

March 22, 2022

Kevin Landry and Nikolas Shymko Health Canada has recently proposed a number of amendments to the Cannabis Regulations and other regulations concerning cannabis research and testing, and cannabis beverages. Until April 25, 2022, Health Canada…

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Canada launches new measure to support Ukrainians at home and abroad; The Canada-Ukraine Authorization for Emergency Travel

March 18, 2022

Sara Espinal Henao In acknowledgement of the dire situation faced by Ukrainians today, and in a committed show of support for their ongoing fight for sovereignty, the Canadian government is instituting new measures to facilitate…

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Upcoming removal of pre-travel COVID-19 test requirement for fully vaccinated travellers

March 18, 2022

Brendan Sheridan The government of Canada is taking another step to reduce the pre-travel requirements for fully vaccinated travellers when entering the country. It has been announced that as of April 1, 2022 fully vaccinated…

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Owner’s holdback trust accounts take effect April 1, 2022

March 17, 2022

Conor O’Neil, P.Eng. The Government of New Brunswick has announced that the holdback trust account provisions of the Construction Remedies Act will be proclaimed into force on April 1, 2022. The provisions create a mandatory…

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