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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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Sportsmanship in dispute resolution: A recent decision of the Nova Scotia Supreme Court offers lessons that go beyond volunteer sport organizations

April 7, 2020

Killian McParland The Supreme Court of Nova Scotia recently released its decision in Warren v. Football Canada, 2020 NSSC 29 – a protracted legal dispute that began with a 15-year-old football player who was accidentally…

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Closing Folders: Supporting business continuity during COVID-19

April 7, 2020

Sadira Jan and James Gamblin Our Firm is currently using a program called Closing Folders that is designed to streamline transaction processes and provide better service to clients. In light of the COVID-19 Pandemic restrictions,…

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In-depth: economic response measures to COVID-19

April 6, 2020

*Last updated: April 9, 2020 Maurice Chiasson, QC , Sara Scott, P. Eng, Madeleine Coats and Justin Song (송진원) The provincial and federal governments are working in tandem to provide support to businesses during the…

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Estate planning during a pandemic: innovative practices for a challenging time

April 3, 2020

Richard Niedermayer, TEP The current COVID-19 pandemic and the resulting declarations of states of emergency, public health orders and national guidelines on travel, business openings, self-isolation and social distancing have affected everyone in Canada and…

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Newfoundland and Labrador passes law to allow variation of limitation periods and statutory timelines during COVID-19 pandemic

April 2, 2020

Joe Thorne On March 26, 2020, the COVID-19 Pandemic Response Act received Royal Assent. Among other things, that statute brought into force the Temporary Variation of Statutory Deadlines Act (the “Act”).1 The Act addresses concerns…

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Nova Scotia’s new Tourist Accommodations Registration Act

April 1, 2020

Brian Tabor, QC and Jennifer Murphy On April 1, 2020, Nova Scotia’s new Tourist Accommodations Registration Act and its regulations come into force, repealing and replacing the Tourist Accommodations Act. With the exception of those…

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Tax Planning: Warming up to the refreeze in a COVID-19-impacted economy

March 30, 2020

Stephanie Stapleford and Brent McCumber, P.Eng. In the span of mere months, COVID-19 has significantly impacted lives and livelihoods all over the world. The pandemic has affected individuals’ health, well-being and financial stability, and measures…

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Nova Scotia Commercial Rent Deferral Support Program: COVID-19 Economic Response

March 29, 2020

*Last updated: March 31, 2020 Brian Tabor, QC, Matthew Newell, Colin Piercey and Madeleine Coats On March 27, 2020, Premier Stephen McNeil announced further business supports in response to the ongoing COVID-19 pandemic. This includes…

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Government of Newfoundland and Labrador creates protected leave of absence amidst COVID-19

March 27, 2020

Twila Reid and Sarah Byrne On March 26, 2020, the Newfoundland House of Assembly met with a minimum quorum of members to table and pass Bill 33 – COVID-19 Pandemic Response Act (“Act”). This omnibus…

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Tax update – response to COVID-19

March 26, 2020

Brent McCumber, P.Eng. On March 24, 2020, the Government of Canada introduced legislation to implement its economic response plan to COVID-19, namely, the COVID-19 Emergency Response Act ( “Emergency Response Act”).  This legislation received Royal…

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