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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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Private posts can lead to a lack of academic professionalism: the relationship between social media and post-secondary institutions and the duty of procedural fairness

December 9, 2021

Included in Discovery: Atlantic Education & the Law – Issue 09 (also available in French, here) Tessa Belliveau In its recent and interesting decision regarding Zaki v.  University of Manitoba, 2021 MBQB 178 (CanLII), the…

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A new era: expanded obligations for owners under New Brunswick’s Construction Remedies Act

December 7, 2021

Included in Discovery: Atlantic Education & the Law – Issue 09 Conor O’Neil, P.Eng. and Sarah-Jane Lewis Construction lien legislation exists in every province and territory in Canada. Liens are a creature of statute introduced,…

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A legal lost and found: proposed rules for New Brunswick’s Unclaimed Property Act now published

December 6, 2021

Christopher Marr, TEP and Michael Forestell As detailed in our previous update , in March 2020 New Brunswick implemented the Unclaimed Property Act (“Act”), with the intention that the New Brunswick Financial and Consumer Services…

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Legislative amendments impacting Prince Edward Island companies

December 3, 2021

Margaret Anne Walsh and Graeme Stetson Beneficial Ownership and Corporate Transparency On September 1, 2020, the Government of Prince Edward Island proclaimed into force Bill no. 34 which amends the Business Corporations Act (“BCA”). The…

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What the government is doing to continue support for international students

December 2, 2021

Included in Discovery: Atlantic Education & the Law – Issue 09 Brendan Sheridan With the 2021 fall school semester under way, it has been a year and a half since the COVID-19 pandemic first resulted…

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Evaluating the risks of a CAUT censure

November 30, 2021

Included in Discovery: Atlantic Education & the Law – Issue 09 Jennifer Taylor and Calvin DeWolfe   The Canadian Association of University Teachers (“CAUT”) censure process has attracted widespread attention in recent months, following CAUT’s…

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Government of Canada proposes 10 days of paid medical leave for federally-regulated employees

November 29, 2021

Killian McParland and Emily Murray On Friday, November 26, 2021, the Liberal federal government moved to fulfill its campaign promise to provide 10 days of paid medical leave of absence (also referred to as “sick…

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Trending topics in Labour and Employment

November 26, 2021

In our newest webinar, members of our Labour and Employment group provide insights on a variety of legal issues in today’s workplaces, in quick and easy to consume summaries. Employers can join Rick Dunlop, Brian…

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Discovery: Atlantic Education & the Law – Issue 09

November 22, 2021

We are pleased to present the ninth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. Fall is here again, and academic institutions in the region have cautiously welcomed…

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Update on enforcement of vaccination policies: recent decisions out of Ontario reach different conclusions

November 15, 2021

Mark Tector and Katharine Mack Over the last few months many employers have been implementing COVID-19 vaccination policies in their workplaces. Last week, two Ontario arbitration decisions were released which dealt with the legality of…

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