Spring 2013 Labour & Employment Atlantic Canada Legislative Update
The following is a province-by-province update of legislation from a busy 2013 spring session in Atlantic Canada. Watching these developments, we know the new legislation that has passed or could soon pass, will impact our region’s employers.
In New Brunswick amendments were introduced that, if passed, would see changes come into effect on June 1 of next year to the Workers’ Compensation Act and Occupational Health and Safety Act. In Newfoundland and Labrador, the focus was on protecting offshore oil workers with new legislation and regulations. In Nova Scotia, the government amended the Labour Standards Code to protect families of critically ill children and made changes to the definitions of “spouse” within the Pension Benefits Act. Prince Edward Island made changes to its Occupational Health and Safety Act.
We anticipate that the legislature in New Brunswick will continue sitting until later this month and we will keep you informed of any developments.
1. NEW BRUNSWICK
New Brunswick introduced several amendments during the spring sitting of the legislature. These amendments include:
- A new provision under the Employment Standards Act that places restrictions on the use of electronic pay statements;
- Amendments to the Workers’ Compensation Act that will impact time limits for making a claim and reporting requirements in the event of a workplace injury; and
- Significant amendments to the Occupational Health and Safety Act, that would include new requirements for safety policies, new health and safety program requirements and new reporting obligations.
2. NEWFOUNDLAND AND LABRADOR
Amendments and New Legislation
Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, (amendments) SNL 2013, c 3 (not yet in force).
Bill No. 1, An Act To Amend The Canada-Newfoundland And Labrador Atlantic Accord Implementation Newfoundland And Labrador Act , will establish a new occupational health and safety regime in the offshore areas. While the amendments are not yet in force, industry leaders are encouraged to take proactive measures to ensure compliance when it does take effect.
3. NOVA SCOTIA
Amendments were made to the Labour Standards Code that provide for unpaid leaves of absence in the case of critically ill or abducted children. These amendments have received Royal Assent and will come into effect on a future date by proclamation.
Amendments to the Pension Benefits Act provide a broader definition of “spouse”. This amendment received Royal Assent and is now in effect.
Workers’ Compensation Act amendments allow for reinstatement of benefits to spouses who lost those benefits on remarriage.
In addition, the legislature passed Bill 61, the Cyber-safety Act. Although aimed at preventing events in light of a recent teen suicide in Nova Scotia, Bill 61 goes further by creating the tort that, through the common law principle of vicarious liability, may result in workplace litigation. More can be read on the Act by visiting our blog and reading The business case against workplace bullies just got stronger! The Cyber-safety Act received Royal Assent and will come into effect on a future date by proclamation.
The province also created more regulations under the Labour Standards Code General Regulations dealing with foreign workers in the province that came into effect on February 1, 2013 and May 1, 2013.
New Occupational Health and Safety Act regulations come into effect on June 12, 2013 that combine previous regulations and provide new definitions and new standards, including adopting visibility standards for clothing are required.
4. PRINCE EDWARD ISLAND
Prince Edward Island amended its Occupational Health and Safety Act to extend the prosecution timeline to two years.
Archive
Rodney Zdebiak and Anthony Granville On Monday, April 15, 2019, the Newfoundland and Labrador legislature passed a number of changes to the Automobile Insurance Act (“Act”) stating that the intent is to help stabilize insurance rates,…
Read MoreAndrea Shakespeare, Kevin Landry and Matthew Jacobs The Canadian government has placed itself in the “global innovation race”. In response to the demands for innovation, the Canadian government has established the Innovation Superclusters Initiative which…
Read MoreAndrea Shakespeare, Kevin Landry and Matthew Jacobs Canada’s Ocean Supercluster is a co-investment initiative between Canada’s federal government and the private sector that is part of the Innovation Superclusters Initiative. As we wrote about in…
Read MoreAndrea Shakespeare, Kevin Landry and Matthew Jacobs As we discuss in our article, No compass needed – Ocean Supercluster activities explained, there are many ways to participate in the Ocean Supercluster and the Innovation Superclusters…
Read MoreAndrea Shakespeare, Kevin Landry and Matthew Jacobs Technology Leadership Projects are collaborative projects undertaken by the Ocean Supercluster led by industry members in which industry members and the Ocean Supercluster will co-invest to perform research,…
Read MoreGrant Machum and Richard Jordan Employers carefully safeguard customer or client lists as confidential information. Gone are the days, however, where an employer’s customer list is only found in a Rolodex or in a closed…
Read MoreGrant Machum and Guy-Etienne Richard Maintaining employment files requires physical space and can be costly. Nowadays many employers are moving away from keeping paper files to electronic storage. This brings up two issues: Are employers…
Read MoreLevel Chan and Dante Manna On March 12, 2019, the Nova Scotia legislature introduced long anticipated amendments to the Pension Benefits Act (“PBA”) which, according to a statement by Finance Minister Karen Casey, are aimed…
Read MoreJulia Parent and Graham Haynes In the long-awaited decision in the case of Orphan Well Association v Grant Thornton Ltd, the Supreme Court of Canada held that end-of-life environmental cleanup obligations imposed by Alberta’s provincial…
Read MoreMichelle Chai & Jennifer Taylor Justice Ann Smith of the Supreme Court of Nova Scotia recently dismissed an action against a disability insurer for being out of time. The case, Richards Estate v Industrial Alliance…
Read More