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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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Liability for online misconduct: do new torts mean increased risk for universities?

July 26, 2021

Included in Discovery: Atlantic Education & the Law – Issue 08 Nancy Rubin, QC and Jennifer Taylor   More than ever, many of our meetings, classes, presentations and personal communications are happening virtually. With this…

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Corner Brook (City) v. Bailey: Canada’s top court clarifies the law of releases

July 23, 2021

Erin Best and Giles Ayers   Earlier today the Supreme Court of Canada released a unanimous decision in Corner Brook (City) v. Bailey. The case was successfully argued by Erin Best and Giles Ayers of…

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I have trust issues – pension plan trust claim priorities in bankruptcy in Anthony Capital Corporation (Re), 2021 NLSC 91

July 23, 2021

Joe Thorne, with the assistance of Stuart Wallace (summer student) In a bankruptcy, there is inevitable conflict between all manner of creditors with competing claims. Our federal and provincial legislatures have identified certain claims as…

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Making the grade or failing to accommodate: a case study

July 23, 2021

Included in Discovery: Atlantic Education & the Law – Issue 08 Lara Greenough In the recent decision of Longueépée v University  of Waterloo, 2020 ONCA 830, the Ontario Court of Appeal found the University of…

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Mandatory vaccines in the workplace

July 21, 2021

Included in Discovery: Atlantic Education & the Law – Issue 08 Sheila Mecking and Evan MacKnight More than a year has passed since the Coronavirus disease (“COVID-19”) arrived in Atlantic Canada and caused all in-person…

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Federal pay equity comes into force August 31, 2021

July 8, 2021

Annie Gray and Dante Manna The federal government has announced that the Pay Equity Act (“Act”) will come into force on August 31, 2021. It has also published the final version of the Pay Equity Regulations (“Regulations”), to come into effect on the…

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Nova Scotia: a place to call home for businesses and immigrants alike

June 28, 2021

Sara Espinal Henao Nova Scotia is thriving. Having reached an all-time population high of 979,115 in 2020 and established itself as a start-up center and a top location for businesses, the province is poised for…

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Beyond the border: Immigration update – June 2021

June 25, 2021

We are pleased to present the sixth 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…

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Immunity for police commission and its executive director in Oland complaint lawsuit

June 21, 2021

Lara Greenough and Sheila Mecking Board members, directors, committee members, employees and anyone acting for a regulatory body or under its governing legislation, all have the obligation to act and make decisions in good faith.…

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Discovery: Atlantic Education & the Law – Issue 08

June 17, 2021

We are pleased to present the eighth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. With COVID-19 vaccines rolling out across the country, a renewed sense of hope is…

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