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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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COVID-19: Keep calm and consider the issues!

March 6, 2020

Rick Dunlop, Jennifer Thompson, Alycia Novacefski, Kyle Hartlen, Scott Campbell and Rebecca Saturley The impact of COVID-19, commonly referred to as coronavirus, will vary by organization. Each organization, however, should consider various legal issues associated…

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Nova Scotia releases new pension funding framework, effective April 1, 2020

February 28, 2020

Level Chan and Dante Manna On February 26, 2020, the Nova Scotia Government released its regulations establishing a new defined benefit pension funding framework for the province. The amendments to the Pension Benefits Regulations (“PBR”)…

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Richards Estate sets the limits on actions against LTD insurers

February 27, 2020

Michelle Chai & Jennifer Taylor   UPDATE   Richards Estate v Industrial Alliance Insurance and Financial Services Inc, 2020 NSCA 14   The Nova Scotia Court of Appeal has recently overturned the decision summarized below,…

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Can my child obtain a work permit?

February 27, 2020

Kathleen Leighton Family reunification is a top priority for Canada when it comes to immigration, and we recognize that in order to continue to attract skilled workers to our country, we must ensure there are…

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Bringing top talent to Canada’s educational institutions

February 19, 2020

Kathleen Leighton and Brittany Trafford Canada’s higher education institutions power innovation and contribute to economic growth through research and development efforts, collaborations with government and industry and the provision of world-class educational programming to develop…

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Express yourself … but maybe not on your license plate: The NSSC decision in Grabher

February 6, 2020

Jennifer Taylor   The case of Lorne Grabher and his personalized “GRABHER” license plate has grabbed many headlines. Mr. Grabher (“Applicant”) launched a constitutional challenge after Nova Scotia’s Registrar of Motor Vehicles cancelled his personalized…

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Ensuring your earn-out turns out: A review of the law of earn-out clauses in Canada

February 5, 2020

David Randell and David Slipp With a number of economic indicators showing headwinds ahead, purchasers and vendors are likely to have a more challenging time agreeing on a target company’s valuation. In these cases, parties…

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Post-Brexit impact on CETA mobility

February 3, 2020

Kathleen Leighton The Canada-European Union Comprehensive Economic Trade Agreement (“CETA”) includes mobility provisions between Canada and European Union (“EU”) member states, providing a useful route for investors, contractual service providers, independent professionals, intra-company transferees, and…

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Beyond the border: Immigration update – January 2020

January 31, 2020

We are pleased to present the second installment of Beyond the border, a quarterly 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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Outlook for the 2020 proxy season

January 31, 2020

In preparing for the 2020 Proxy season, you should be aware of some of the regulatory developments and institutional investor guidance that is likely to impact disclosure to, and interactions with, shareholders. This update highlights…

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