Client Update: Cyber-safety Act comes into effect for Nova Scotia
As discussed in our May 17, 2013 Client Update and our HRLaw blog The business case against workplace bullies just got stronger! the legislation has wide-ranging implications.
- There is now a “cyberbullying” tort recognized in Nova Scotia that presumes vicarious liability for parents of cyberbullies under the age of 19.
- Other forms of vicarious liability (e.g., that of an employer) are not precluded from the Act. For example, an employer might be found vicariously liable for an employee who engaged in cyberbullying in the workplace or may find itself under scrutiny of the Directors of Public Safety. Recent legal developments in Canada have expanded the workplace in cyberbullying harassment claims to include incidents occurring during non-working hours generated from non-work devices. An example of such harassment or bullying is found in our HRLaw blog What does harassment based on ethnic origin look like?
Until Part V is proclaimed, there is no legislative process for prosecution under the Act. We anticipate Part V, an amendment to the Safer Communities and Neighbourhoods Act, that creates a specialised unit with broad powers to investigate and combat cyberbullying, will come into effect once regulations are in place to regulate that unit’s activities.
Readers will note that the Safer Communities and Neighbourhoods Act is relatively new legislation enacted to deal with ‘bootleggers’ and ‘crackhouses’. The Act’s amendment to that legislation will provide the power to investigate and respond to allegations of cyberbullying including a provision allowing the Director to ask the court to require disclosure of anonymous bullies. We will keep an eye out for developments on Part V and will update once proclaimed.
The foregoing is intended for general information only and is not intended as legal advice. If you have any questions, visit our Labour and Employment Group or Insurance Group For more on our firm see www.stewartmckelvey.com.
Chad Sullivan and Bryan Mills New Brunswick has recently introduced a new regulation under the Occupational Health and Safety Act on the topic of problematic workplace conduct. The change will bring New Brunswick in line…Read More
Jennifer Taylor In an important decision for the auto insurance industry, the Nova Scotia Court of Appeal has confirmed that future CPP disability benefits are indeed deductible from damages awarded in Nova Scotia cases for…Read More
Brian Johnston, QC and Matthew Jacobs Bill C-86, enacted as SC 2018, c. 27, will effect massive changes upon how federal labour and employment relations are regulated. They come into effect in 2019 with staggered…Read More
We can all make 2019 a success by building on the year that was. For employers, 2018 was a year of many notable developments in labour and employment law across the country. We saw Ontario…Read More
Level Chan and Dante Manna As 2018 comes to an end, we countdown some pension and employee benefits developments in the last year that we anticipate may lead to developments in 2019. Discrimination in benefits…Read More
Kevin Landry The first look at regulations for cannabis edibles, extracts and topicals has arrived. The Federal Government has opened a 60-day consultation period respecting the strict regulation of additional cannabis products. Notice of the consultation was accompanied…Read More
Erin Best and Kara Harrington “This case is about pain, how it was caused, by what accident and the opinions of dueling experts.”¹ “In this case, like so many, the assessment of the evidence depends…Read More
Jonathan Coady and Michael Fleischmann Overview Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities, developers and planning professionals throughout Prince…Read More
Following the various Stakeholder Consultations (which Stewart McKelvey participated in on behalf of Nova Scotia Employers), the Government has changed the Labour Standards Code Regulations effective January 1, 2019 to: a) provide for up to…Read More
Version française à suivre Sara Espinal Henao Canada has expanded its permanent and temporary immigration requirements to include biometrics – the measurement of unique physical characteristics, such as fingerprints and facial features. The new requirements,…Read More