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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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New Brunswick Provincial Government releases Climate Change Plan

October 11, 2022

By Alanna Waberski and Isaac McLellan On September 21, 2022, the Government of New Brunswick released its renewed climate change action plan which aims to help the province adapt to climate change while steering New…

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Court upholds mandatory vaccine policy – Placing employee on unpaid leave not constructive dismissal

October 3, 2022

Mark Tector and Ben Currie While there have been a number of arbitration decisions on the subject, Parmar v Tribe Management Inc., 2022 BCSC 1675 appears to be the first reported civil court decision to…

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Federal Government, Nova Scotia, and Newfoundland and Labrador clearing the way for offshore wind development

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Sadira Jan, Dave Randell, and James Gamblin Nova Scotia (“NS”) and Newfoundland and Labrador (“NL”) are positioned to become international leaders in offshore wind and green hydrogen. Each province has expansive offshores areas, abundant wind…

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Health Canada announces legislative review of Cannabis Act

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Kevin Landry and Nikolas Shymko The Cannabis Act came into force on October 17, 2018, putting in place framework for controlling the sale, possession, production and distribution of cannabis. The Cannabis Act requires the Minister…

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COVID-19 immigration and travel: where are we now?

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Brendan Sheridan and Brittany Trafford. Many events and workplaces started to feel more normal over the summer as we emerged from over two years of restrictions and COVID-19 pandemic precautions. However, as people line up…

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Deadline extended on CAPSA guideline consultations

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An email scam cautionary tale

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By Nancy Rubin, K.C. and Levi Parsche What happens if a person accidentally makes payment to a hacker, instead of to the person they actually owe money? Should they have to pay again? In the…

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Federal holiday declared to honour Queen’s death on September 19, 2022, but Atlantic provinces divided on whether to declare the holiday for private sector businesses

September 14, 2022

G. Grant Machum and Ben Currie On Tuesday, September 13, 2022, Prime Minister Justin Trudeau declared a federal holiday on Monday, September 19, 2022 to honour the death of Queen Elizabeth II. Minister of Labour…

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Shareholder Agreements in Nova Scotia

September 13, 2022

Kevin Landry, Matt Jacobs Shareholder agreements are a key part of corporate governance. Nova Scotia is unique from other Canadian jurisdictions because the Companies Act (Nova Scotia) doesn’t contemplate ‘Unanimous Shareholder Agreements’ as other corporate…

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Overwhelming backlog of Canadian immigration applications prompts new government action

August 25, 2022

By Kathleen Leighton Last year, Canada boasted record admissions of permanent residents, despite the COVID-19 pandemic, and has an even more ambitious target for 2022 – namely, to welcome 431,000 permanent residents to the country.…

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