Client Update: Cyber-safety Act comes into effect for Nova Scotia
The Cyber-safety Act (“the Act”), excepting Part V (that part amending the Safer Communities and Neighbourhoods Act), was proclaimed August 6, 2013 and is now in effect.
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.
Briefly:
- 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.
Archive
Kevin Landry and Emily Murray On March 8, 2021, Health Canada released draft guidance on personal production of cannabis for medical purposes (“Guidance Document”). At present, the Guidance Document is being circulated for public comment for…
Read MoreJennifer Taylor The Supreme Court of Nova Scotia has finally provided clarity on the limitation period for third party claims, in Sears v Top O’ the Mountain Apartments Limited, 2021 NSSC 80. This is…
Read MoreBrendan Sheridan Canada has continually claimed to be one of the countries with the toughest COVID-19 related travel and quarantine requirements. In response to the new COVID-19 variants emerging in the UK and South Africa,…
Read MoreDante Manna As of today, Newfoundland and Labrador has joined several other jurisdictions with financial hardship unlocking provisions. While the new provisions do not allow direct unlocking from pension plans, and unlocking is not available…
Read MoreNancy Rubin, QC Nova Scotia has taken a big step forward in recognizing the tort of publication of private facts. The case, Racki v Racki, 2021 NSSC 46 comes hot on the heels of Ontario’s…
Read MoreKathleen Leighton Canada is committed to developing Francophone minority communities in the country (outside of Quebec). In furtherance of this goal, there are a number of immigration initiatives in place to attract French speakers. By…
Read MoreAndrew Burke and Divya Subramanian The year 2020 was nothing short of unusual. With COVID-19 impacting every aspect of business and life, shareholder meetings also transitioned to a virtual medium. For more on how the…
Read MoreChad Sullivan and Kathleen Nash Overview The issue of hateful and harassing social media communication has garnered much attention in both the media and, more recently, in the courtroom. In Caplan v Atas,¹ Justice Corbett…
Read MoreDaniel MacKenzie and James Galsworthy On January 15, 2021, the United Kingdom’s Supreme Court (“Court”) issued a decision which is likely to be viewed as good news for policy holders who have endured business interruption…
Read MoreGrant Machum, ICD.D and Mark Tector 2020 was a challenging year for many people and businesses. And while we are all happy to have 2020 in the rearview mirror, we anticipate that there will continue to…
Read More