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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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Inside your domain: fighting domain name abuse

March 16, 2022

Brendan Peters Domain names are the addresses we type into our internet browsers to be taken to a website, like ‘stewartmckelvey.com’. Even easy-to-remember domain names can be confused with similar ones, making them a vector…

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Amendments to come for more flexibility to correct contribution errors in defined contribution plans

March 7, 2022

Level Chan and Rachel Abi Daoud On February 4, 2022 the federal government released a set of draft legislative proposals (“Draft Legislation”) amending the Income Tax Act (“Act“) and Income Tax Regulations (“Regulations“). The draft…

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Employers of foreign nationals: LMIA compliance inspections

March 4, 2022

Included in Beyond the border: Immigration update – February 2022 Brittany Trafford There are many advantages to employing temporary foreign workers (“TFW”) in Canada to address labour gaps and skills shortages, but employers who undertake…

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LMIA advertising exemptions

March 2, 2022

Included in Beyond the border: Immigration update – February 2022 Brendan Sheridan The majority of foreign nationals coming to work in Canada require a work permit to provide their services with limited exceptions. While there…

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An end to vaccine mandates? Considerations for employers

March 1, 2022

Mark Tector and Will Wojcik On February 23rd, 2022, the Government of Nova Scotia announced that it will remove all public health restrictions by March 21, 2022, putting an end to approximately two years of…

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New Brunswick COVID-19 policies and procedures: where do we go from here? / Les politiques et procédures COVID-19 au Nouveau-Brunswick : où en sommes-nous ?

February 25, 2022

Provincial mandates, and the advice of public health have required employers to constantly adapt and implement changes to their workplace for the better part of the last two years – it isn’t over yet. Revocation…

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LMIA recruitment tracking

February 25, 2022

Included in Beyond the border: Immigration update – February 2022 Brendan Sheridan Employers applying for Labour Market Impact Assessment (“LMIA”) applications generally must complete advertising and recruitment as part of this application. The minimum advertising…

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The Atlantic Immigration Program – now a permanent pathway for immigration

February 24, 2022

Included in Beyond the border: Immigration update – February 2022 Sara Espinal Henao The Atlantic Immigration Pilot Program has finally become a permanent immigration pathway. Designated employers in Atlantic Canada will be able to continue…

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Outlook for 2022 proxy season

February 18, 2022

Andrew Burke, Colleen Keyes, Gavin Stuttard and David Slipp As clients prepare for the upcoming proxy season, COVID-19 continues to impact our business and personal lives. Consequently, companies may need or decide to hold shareholder…

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Federal regulations impose new requirement for employers to provide annual report on workplace violence and harassment by March 1

February 17, 2022

Katharine Mack On January 1, 2021 the Workplace Harassment and Violence Prevention Regulations (“Regulations”) under the Canada Labour Code came into effect.  These Regulations significantly expanded obligations of federally regulated employers with respect to preventing…

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