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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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Zoning changes and constructive taking: Newfoundland and Labrador Court of Appeal affirms the finding in Index v Paradise

August 28, 2024

Stephen Penney and Megan Kieley1 The Newfoundland and Labrador Court of Appeal’s recent decision in Index Investments Inc v Paradise (Town)2 is a significant decision for municipalities. The Court of Appeal endorsed the Newfoundland and…

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Immigration red flags: five organizational issues that open employers to risk

August 15, 2024

By Kathleen Leighton & Brittany Trafford The Temporary Foreign Worker Program (“TFWP”) and International Mobility Program (“IMP”) provide Canadian employers the opportunity to hire foreign workers to address their labour needs, particularly when qualified Canadians…

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Supreme Court of Canada denies leave to appeal of Alberta ruling on post-death life insurance conversion (Part II)

August 15, 2024

This is the second in a two-part Thought Leadership series on a recent life insurance case out of Alberta, and the implications for life insurers. Michelle Chai and Liz Campbell1 Part I of this two-part series…

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Changing the rules again: Another round of changes impacting Canada’s Competition Act

August 14, 2024

By Deanne MacLeod, K.C., Burtley G. Francis, K.C., and David F. Slipp On June 20, 2024 the Fall Economic Statement Implementation Act, 2023 (the “Economic Statement”) received Royal Assent and became law. The Economic Statement…

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Supreme Court of Canada denies leave to appeal of Alberta ruling on post-death life insurance conversion

August 13, 2024

This is the first in a two-part Thought Leadership series on a recent life insurance case out of Alberta, and the implications for life insurers. By Michelle Chai and Liz Campbell1 The Supreme Court of…

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Canada’s investment in hydrogen has substantial implications for the Atlantic Canadian wind power sector

August 6, 2024

This articles follows our recent Thought Leadership piece on the Federal Government’s announcement of significant investment through the Smart Renewables and Electrification Pathways Program in Nova Scotia clean energy projects. By Dave Randell, Sadira Jan,…

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New announcements in the Canada-Nova Scotia partnership for the clean energy future

August 1, 2024

By David Randell, Sadira E. Jan, Daniel Mowat-Rose, and Marina Luro1 Natural Resources Canada has released two important announcements relating to Nova Scotia’s transition to a green economy: Collaboration framework for a sustainable future Canada’s…

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Workplace investigation helps avoid costly litigation

July 29, 2024

By Sheila Mecking and Lauren Sorel The British Columbia Human Rights Tribunal (“BCHRT”) recently dismissed a complaint of discrimination in the workplace, stating that the employer’s investigation, and settlement offer, adequately resolved the complaint.1 The …

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Cybersecurity class actions against database defendants persist, but hurdles for plaintiffs remain

July 25, 2024

By Sarah Dever Letson, CIPP/C, Meaghan McCaw and Bertina Lou[1] Two decisions earlier this month from the Court of Appeal for British Columbia left open the question as to whether so-called “database defendants” can be held…

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Let’s talk about batteries: Nova Scotia Power’s latest development in renewable energy

July 18, 2024

In conjunction with our upcoming sponsorship of the Halifax Chamber of Commerce luncheon, featuring the Minister of Energy and Natural Resources the Hon. Jonathan Wilkinson, we are pleased to present a Thought Leadership article highlighting…

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