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Atlantic Employers’ Counsel – Summer 2013

DUE DILIGENCE

Generally, occupational health and safety legislation in Atlantic Canada, like other jurisdictions, requires employers to take reasonable precautions to ensure the health and safety of workers in their workplace.

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INCIDENT RESPONSE

What will happen at your workplace if a serious incident or fatality occurs? Will your managers know how to respond?

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LEGISLATIVE UPDATE AND RECENT CASES


Newfoundland & Labrador

Amendments to the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act that can be read herewill establish a new occupational health and safety regime in offshore areas of Newfoundland and Labrador.

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Nova Scotia
Amendments to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act received proclamation and will come into force on a future date.

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Prince Edward Island
A change was recently made to the Prince Edward Island Occupational Health and Safety Act (the “PE OHS Act“) effective May 8, 2013. As a result, a prosecution for an offence under the PE OHS Act must now be commenced within two years.

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New Brunswick
On June 1, 2014, significant amendments to the New Brunswick Occupational Health and Safety Act (the “NB OHS Act“) will come into force.

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CANADA LABOUR CODE

Two recent cases prosecuted under the Canada Labour Code (the “CLC“) identify mitigation as a factor to take into consideration when sentencing and the importance of a safety culture at the workplace.

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RECENT OCCUPATIONAL HEALTH AND SAFETY PENALTIES IN ATLANTIC CANADA

Learn more about recent penalties throughout Atlantic Canada.

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New legal publication: Discovery: Atlantic Education & the Law

September 22, 2017

Stewart McKelvey is pleased to announce the creation of Discovery: Atlantic Education and the Law, a publication specifically designed for universities and colleges. We know it is not always easy for institutions in Atlantic Canada…

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Client Update: New Brunswick’s final cannabis report: government operated stores, guidance on growing at home

September 6, 2017

Rick Dunlop and Kevin Landry New Brunswick’s Final Report of the Select Committee on Cannabis was released September 1, 2017. The Committee was appointed by the Legislature of New Brunswick and was mandated to conduct…

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Adoption & access to justice: Judge erred in making “self-directed constitutional reference” in adoption case

August 28, 2017

Jennifer Taylor A child and her adoptive parents “found themselves caught up in a judge-made vortex of uncertainty and delay” when a judge made a “self-directed constitutional reference” instead of issuing an adoption order, prolonging…

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Knowing your limitations: a new NS case on limitation periods

August 17, 2017

Jennifer Taylor Introduction The recent Nova Scotia Supreme Court decision in Dyack v Lincoln is a nice case study on how to work through a limitations issue. It arrives almost two years after the “new”…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – Good faith expected of employers!

August 16, 2017

Brian G. Johnston, QC While the concept of good faith is not new to employment law, its limits and implications remain uncertain. In a recent decision, Avalon Ford v Evans 2017 NLCA 9, the Newfoundland…

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Client Update: New Nova Scotia temporary solvency relief for defined benefit pension plans

August 10, 2017

Level Chan and Dante Manna On August 9, 2017, the Nova Scotia Superintendent of Pensions announced temporary solvency relief for defined benefit pension plans available effective August 8, 2017. The changes allow pension plan sponsors…

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Client Update: Canada’s infant cannabis industry starting to require a patchwork quilt of governance: updates from Calgary, Edmonton & Nova Scotia

July 28, 2017

Kevin Landry Edmonton wants “Cannabis Lounges”, Nova Scotia Landlords don’t want tenants to smoke marijuana in their rental homes, and Calgary City Council contemplates a private recreational cannabis system. The old adage of “Location. Location.…

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Client Update: Where there’s smoke, there may be coverage: an insurer’s obligation to indemnify for medical cannabis

July 14, 2017

Jon O’Kane and Jamie Watson Legal cannabis will have numerous implications for insurers. The federal Cannabis Act (discussed here), the provincial acts (discussed here) and the regulations (discussed here) are all going to add layers…

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Client Update: Driving high – the future is hazy for Canadian automobile insurers once cannabis goes legal

July 6, 2017

Vasu Sivapalan and Ben Whitney Legalized and regulated cannabis is on track to become a reality in Canada in just under a year (on or before July 1, 2018). This will create a number of…

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Client Update: Requirement to register as a lobbyist in New Brunswick – update

June 29, 2017

Further to our Client Update on June 15 titled, “Requirement to register as a lobbyist in New Brunswick”, the deadline for initial registration under the Lobbyists’ Registration Act of New Brunswick has been extended from…

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