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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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Federal Government announces significant investments in Nova Scotian clean energy initiatives

July 21, 2022

Nancy Rubin & Tiegan Scott On July 21, 2022, the Federal government announced a new investment of up to $255 million for clean energy initiatives in Nova Scotia. The funds will be allocated in two…

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The winds of change (part 2): Crown Land

July 21, 2022

By: John Samms, Sadira Jan, Paul Kiley, Dave Randell, Alanna Waberski,  and Jayna Green Now that the Government of Newfoundland and Labrador (“GNL”) has amended the Order in Council that had banned Crown titles and…

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Significant Amendments to the Business Corporations Act (New Brunswick) Proposed

July 20, 2022

By Paul Smith, Dave Randell and Graham Haynes On June 9, 2022, the Government of New Brunswick (“GNB”) released a consultation paper entitled Proposal to Modernize the Business Corporations Act (the “Proposal”) which outlines several significant…

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Keep your hands off my records: solicitor-client privilege & access to information

July 19, 2022

Included in Discovery: Atlantic Education & the Law – Issue 10 Koren Thomson & Josh Merrigan   Introduction In the wake of the Supreme Court of Canada’s decision in Alberta (Information and Privacy Commissioner) v…

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Beyond the border: Immigration update – July 2022

July 18, 2022

We are pleased to present the ninth installment of Beyond the Border, a publication for employers aiming to provide the latest information and analysis on new immigration programs and immigration-related issues. In this issue, insight…

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A long – but not inordinate – delay may give rise to serious concern, but is not an abuse of process: Law Society of Saskatchewan v Abrametz, 2022 SCC 29

July 14, 2022

Kathleen Nash The Supreme Court of Canada’s recent decision in Law Society of Saskatchewan v Abrametz clarifies the standard of review applicable to questions of procedural fairness and abuse of process, as it relates to…

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Bornfreund v. Mount Allison University: a call for a more balanced approach to disputes under access to information legislation

July 14, 2022

Included in Discovery: Atlantic Education & the Law – Issue 10 Mark Heighton & Chad Sullivan   Overview In Marcus Bornfreund v. Mount Allison University, 2022 NBQB 50 the New Brunswick Court of Queen’s Bench…

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Does academic freedom protect professors who spread COVID-19 misinformation on social media?

July 12, 2022

Included in Discovery: Atlantic Education & the Law – Issue 10 Richard Jordan & Jennifer Taylor    As the COVID-19 pandemic surges on, so does the flow of misinformation online. Academia has not been immune,…

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Update: The winds of change (part 1) – Newfoundland and Labrador Government signaling major shift in energy policy

July 6, 2022

John Samms and Matthew Craig Further to our original article published on May 17, 2022 (included below), on the changing energy policy frameworks in Newfoundland and Labrador, the government amended the Order in Council (“OC”)…

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Nova Scotia municipality plans changes to wind turbine regulations

June 27, 2022

By Nancy Rubin & Colton Smith    Wind turbine regulations in the Municipality of Cumberland are set to change.   On June 22, 2022, Cumberland Council approved a second reading of amendments relating to their…

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