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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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Surprise changes to Nova Scotia’s minimum wage and partial hours rules announced

January 30, 2020

Jennifer Thompson Nova Scotia’s Premier’s Office has today made an unexpected announcement regarding several changes to be made to Nova Scotia’s minimum wage and partial hours rules, with effect from April 1, 2020. Additional increase…

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My PR Card expired! What do I do?

January 28, 2020

Kathleen Leighton For individuals whose Permanent Resident Cards (“PR Cards”) have expired, it can be a time of panic. “Did I lose my status?”, “Do I have to leave the country immediately?”, “Can I still…

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Input sought on Nova Scotia pension division and other family property matters

January 24, 2020

Dante Manna The Nova Scotia Government is seeking input by way of public survey or written submissions on proposed changes to family property law that would, among other things, affect pension division between former spouses.…

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Atlantic Canada Year in Review 2019 – Top 15 Takeaways for Employers

January 23, 2020

Atlantic Canada experienced a number of legal developments in 2019 that regional employers should be aware of as they plan for the year ahead. Click the image below to read our 2019 year in review,…

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Supreme Court of Canada’s Canada Post decision delivers good news for federal employers

January 20, 2020

G. Grant Machum & Richard Jordan On December 20, 2019, the Supreme Court of Canada released its decision in Canada Post Corporation v. Canadian Union of Postal Workers, 2019 SCC 67.  This case involved a…

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Atlantic Canada pension and benefits outlook 2020

January 13, 2020

Level Chan and Dante Manna In this update we provide what we see on the employee benefits and pension plans legal horizon in 2020 and beyond, along with a review of some highlights from 2019.…

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Accessible Canada Act – the beginning of a new era in accessibility?

January 9, 2020

Jennifer Thompson The Accessible Canada Act (“Act”) came into force on July 11, 2019, ushering in the start of a march towards a Canada without barriers for persons with disabilities. While the Act only applies…

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Five compliance tips (for employers of foreign workers)

January 7, 2020

Kathleen Leighton If you employ an individual who holds a work permit to authorize their work in Canada, you likely have various obligations to adhere to and can face significant consequences if your business is…

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Provincial Law Voids Limitations of Liability in Contract for Ship’s Engine Parts

January 7, 2020

David Constantine and Joe Thorne In the recent Supreme Court of Canada decision in Desgagnés Transport Inc v Wärtsilä Canada Inc, 2019 SCC 58, the court examined how provincial statutes and the federal maritime law…

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2019 intellectual property year in review

January 6, 2020

Daniela Bassan Noteworthy cases Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43 Considering Crown copyright for the first time, the Supreme Court of Canada upheld the dismissal of a class action brought by land…

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