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Atlantic Employers’ Counsel – Spring 2014

The Editor’s Corner

Clarence Bennett

This edition focuses on employment and labour issues in Construction. From occupational health and safety legislation to what you need to know when the union organizer arrives at your workplace. We also cover off the general labour and employment differences between non-union and union construction sites in Newfoundland and Labrador.

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Safety begins with you: what construction employers in Atlantic Canada need to know about occupational health and safety

Rebecca Saturley and Michelle McCann

Workplace injury and death is highest in the construction industry. In 2008, the Federal Government recorded an average of 24.5 injuries annually per 1,000 employees in the construction industry. Given these statistics, it is in a construction employer’s best interest to take all reasonable measures to ensure safety on construction worksites.

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Recent construction industry safety violation discipline decisions: due diligence means enforcing rules

Clarence Bennett and Alison Strachan

Effective health and safety programs must meet provincial occupational health and safety standards and employers must always exercise due diligence in taking steps to meet those standards. Ongoing enforcement of a health and safety program is a must. If not, it is arguable that the employer is not meeting its due diligence requirements and may face unnecessary difficulty defending an occupational health and safety prosecution.

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Unionization and its impact in the construction industry

Rick Dunlop, Sacha Morisset, Stephen Carpenter and Stephen Penney

Non-union employers in Atlantic Canada’s construction industry should be aware of the relative ease with which they can become unionized and the significant impact that unionization can have on the operation of their businesses.

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Unionized and non-unionized management rights in the construction industry: the Newfoundland and Labrador snapshot

Ruth Trask

Has your Newfoundland-based construction company recently been certified by a union, or are you contemplating the use of a union subcontractor on your worksite? There are a number of unique features of the construction industry in Newfoundland and Labrador. This article will make you aware of just a few of them.

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Parlez-Vous Francais? Recent amendments to Quebec’s Charter of the French Language may impact Atlantic Canadian businesses

March 7, 2023

By: David F. Slipp and Levi Parsche In May 2022, Bill 96 was adopted by Quebec’s National Assembly, significantly amending the Charter of the French Language (the “Charter“). The amendments create new requirements for using…

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The Winds of Change (Part 7): Paying the Piper: New Newfoundland and Labrador Fiscal Framework expects billions in revenues from wind to hydrogen projects

February 24, 2023

By Dave Randell, G. John Samms, and Stuart Wallace With the deadline for bids on crown lands available for wind energy projects extended to noon on March 23rd, the latest development in our Winds of…

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Retail Payments Activities Regulations released and open for comment

February 14, 2023

By Kevin Landry and Colton Smith The Retail Payment Activities Regulations have been released in the Canada Gazette Part 1 for comment. Interested persons may make representations concerning the proposed regulations for a period of 45…

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Outlook for 2023 Proxy Season

February 13, 2023

By Andrew Burke, Colleen Keyes, Gavin Stuttard and David Slipp With proxy season once again approaching, many public companies are in the midst of preparing their annual disclosure documents and shareholder materials for their annual…

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Open work permits for dependent family members of foreign workers

February 9, 2023

By Brittany Trafford and Sean Corscadden In response to the nationwide labour shortage, the Federal government is allowing select family members of foreign workers to apply for open work permits. This temporary policy came into…

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Change to Ontario Employment Standards: IT consultants and business consultants excluded from ESA

January 19, 2023

Mark Tector and Ben Currie Effective January 1, 2023, amendments to Ontario’s Employment Standards Act, 2000 (“ESA”) took effect, excluding “business consultants” and “information technology consultants” from the application of the ESA. This is a…

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Land use planning in Prince Edward Island – the year in review

January 13, 2023

By Perlene Morrison, K.C. and Curtis Doyle Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities and planning professionals in Prince…

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Trends in Employment Law: A look forward in 2023

January 13, 2023

By Grant Machum ICD.D, Sean Kelly & Ben Currie As the window for “Happy New Year” wishes winds down, our Labour and Employment Group has compiled an overview of emerging trends and issues in workplace…

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Regulations and other considerations: further impacts of the Prohibition of Residential Property by Non-Canadians Act

January 6, 2023

Wednesday’s Thought Leadership piece from our Immigration Group detailed the impacts of recent Federal legislation limiting housing purchases by non-Canadians on Foreign Nationals, international students and temporary and permanent residents. Today, lawyers from our Real…

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Prohibition on the Purchase of Residential Property by Non-Canadians

January 4, 2023

By Brendan Sheridan Residential housing prices in Canada have been a major area of concern for many Canadians who have been looking to purchase a home in recent years. While the market for residential homes…

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