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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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Supreme Court of Canada almost slams the door on unionized employees’ human rights complaints

November 9, 2021

Rick Dunlop and Richard Jordan Employers who are currently defending a human rights complaint filed by an employee governed by a collective agreement should take note of the Supreme Court of Canada (“SCC”)’s decision in…

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Labour and Employment webinar – Discrimination, harassment and workplace investigations

November 1, 2021

In our latest labour and employment webinar, a panel of our lawyers from across the Atlantic provinces discuss current and emerging legal issues on harassment and discrimination, and resulting workplace investigations. Speakers Sean Kelly, Stephen…

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Introducing the Construction Remedies Act

November 1, 2021

Kenneth McCullogh, QC and Conor O’Neil, P.Eng. On December 18, 2020, the Legislative Assembly of New Brunswick passed the Construction Remedies Act. After nearly a year the new legislation will come into force on Monday,…

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Mortgage Regulation Act – The New Regime is Here

October 28, 2021

Brian Tabor, QC, Simon McCormick and Eyoab Begashaw The Mortgage Regulation Act (“MRA”), in conjunction with the regulations made pursuant thereto (“MRA Regulations”), will come into force on November 1, 2021 and replace the Mortgage…

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Trips, slips, and judicial ink spills – the Supreme Court of Canada revisits core policy decision immunity in City of Nelson v Marchi, 2021 SCC 41

October 25, 2021

Stephen Penney and Joe Thorne Balancing a municipal budget has always been a challenging task in Newfoundland and Labrador, and this is particularly true in a year of extreme weather events and a global pandemic.…

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Beyond the border: Immigration update – October 2021

October 20, 2021

We are pleased to present the seventh installment of Beyond the border, a publication aimed at providing the latest information to clients about new programs and other immigration-related information that may be pertinent to employers of…

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Implementation of vaccine passports in Newfoundland and Labrador

October 6, 2021

Meghan Foley On September 28, 2021, the St. John’s Board of Trade hosted the Department of Health and Community Services, Digital Government and Service NL, and the NL Centre for Health Information, to provide an…

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Canada’s National Day for Truth and Reconciliation – who gets the holiday?

September 27, 2021

Harold Smith, QC and Chelsea Drodge Background On September 29, 2020, the government introduced Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day…

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Time off to vote in the 2021 federal election

September 15, 2021

Richard Jordan The federal election will be held on Monday, September 20, 2021. Under s. 132 of the Canada Elections Act (“Act”), every employee who is an elector (i.e. a Canadian citizen and 18 years…

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Nova Scotia to recognize September 30 as Truth and Reconciliation Day

September 9, 2021

*Last updated: September 9, 2021 (originally published September 3, 2021) Katharine Mack The Nova Scotia government announced earlier today, September 3, that it would annually recognize September 30 as Truth and Reconciliation Day, beginning in…

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