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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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Returning to work: COVID-19 and mental health considerations

May 11, 2020

Murray Murphy, QC, CPHR, and Charlotte Jenkins Mental health impacts of COVID-19 The mental health impacts of COVID-19 have been, and will continue to be significant and wide-spread around the world. Individuals are continuously required…

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Cautiously inching toward the new normal in Atlantic Courts

May 6, 2020

Nancy G. Rubin, QC and Erin McSorley In response to the immense public health and safety challenges posed by the COVID-19 pandemic, Courts across the country have modified their practices and procedures. This article provides…

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Newfoundland and Labrador introduces travel ban

May 4, 2020

Kathleen Leighton On March 18, 2020, Newfoundland and Labrador declared a public health emergency as a result of the COVID-19 pandemic. While a declaration of public health emergency is in effect, the Chief Medical Officer…

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More return to work

May 1, 2020

Brian Johnston, QC and Brittany Trafford Governments and employers are strategizing ways to open economies, businesses and services following unprecedented closures around the world.1 In Canada, each Province is taking its own approach and various…

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Bringing corporate governance online, part 1: Virtual shareholders’ meetings

May 1, 2020

Stephanie Stapleford, Andrew Burke, Mike Carver, Matthew Craig and Divya Subramanian Part 1: Virtual shareholders’ meetings The escalating COVID-19 crisis, and federal, provincial and local governments’ directives for individuals to comply with social distancing policies,…

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New reporting requirements for beneficial ownership of Nova Scotia companies

April 29, 2020

Kimberly Bungay In the spring sitting of the legislature, the Nova Scotia government introduced Bill 226, which amends the Companies Act (the “Act”) to require companies incorporated under the Act to create and maintain a…

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New Brunswick government suspends limitation periods and time limits applicable to ongoing proceedings

April 28, 2020

Catherine Lahey, QC, Iain Sinclair and Robert Bradley The Province of New Brunswick declared a State of Emergency on March 19, 2020 related to the COVID-19 pandemic and issued a Mandatory Order stipulating restrictions on…

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Halifax lawyers create a resource for STEP Canada outlining temporary estate document signing protocols by province during the COVID19 Pandemic

April 27, 2020

Halifax Partners Richard Niedermayer, TEP, Secretary, STEP Canada, and Tim Matthews, QC, TEP, and Articled Clerk Madeleine Coats, have prepared a useful resource for STEP Canada members outlining the options in place for having estate…

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Update on Newfoundland and Labrador variation of limitation periods and statutory timelines during COVID-19 pandemic

April 27, 2020

Joe Thorne In our update on April 2, 2020, Newfoundland and Labrador passes law to allow variation periods and statutory timelines during COVID-19 pandemic, we reported on Newfoundland and Labrador’s passage of the Temporary Variation…

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Think: roadmap to recovery – Saskatchewan’s re-open plan is worthy of consideration

April 24, 2020

Rick Dunlop The question on many businesses’ mind is when and what exactly does an end to the COVID-19 lockdown look like. The Economist describes various European government’s easing of COVID-19 restrictions as being done…

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