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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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Client Update: Requirement to register as a mortgage brokerage and mortgage administrator in New Brunswick

July 7, 2016

On April 1, 2016 New Brunswick’s Mortgage Brokers Act came into force, requiring businesses acting as mortgage brokerages or as mortgage administrators in New Brunswick to be licensed. A mortgage brokerage is a business that on behalf…

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Copyright does not monopolize facts – documentary filmmakers’ claim against book author and publisher fails

June 29, 2016

In May 2016, the Federal Court of Canada confirmed that copyright does not protect facts, even where a book’s author is clearly inspired by the content of a film (Maltz v. Witterick, 2016 FC 524 (CanLII)).…

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Solicitor-client privilege vs the Canada Revenue Agency: the SCC speaks

June 10, 2016

By Jennifer Taylor “…firms of notaries or lawyers…must not be turned into archives for the tax authorities”1 So says the Supreme Court of Canada in one of two highly anticipated decisions on solicitor-client privilege, offering lawyers…

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Why can’t we be friends?: Lessons on corporate dissolution from Smith v. Hillier

May 30, 2016

Joe Thorne1 and Clara Linegar2 As joint owners of a business, what do you do when the business relationship falls apart? And what if one owner undermines the business in the process? In Smith v Hillier,3 Justice Paquette…

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Client Update: Supreme Court of Canada dismisses appeals in punitive damages cases

May 26, 2016

The Supreme Court of Canada has dismissed the appeals in Bruce Brine v. Industrial Alliance Insurance and Financial Services Inc.1 (with costs) and Luciano Branco, et al. v. Zurich Life Insurance Company Limited, et al.(without costs). Both of…

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Client Update: Pension update: Countdown to Nova Scotia Pooled Registered Pension Plans

May 17, 2016

On May 4, 2016, the Nova Scotia Pooled Registered Pension Plans Act (“PRPP Act”) was proclaimed in force, and finalized Pooled Registered Pension Plan Regulations were released. While there were no major changes from the previously released draft regulations, the proposed rules…

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Pension Primer: Pooled Registered Pension Plans (“PRPPs”) in Nova Scotia

April 22, 2016

By Level Chan and Dante Manna Pooled Registered Pension Plans (“PRPPs”) are closer to becoming a reality for Nova Scotian employers. PRPPs were established by the Federal government in an effort to address the lack of retirement savings…

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Client Update: Perrin v Blake reaffirms the law on contributory negligence and recovery of damages

April 14, 2016

In a case where there is a contributorily negligent plaintiff and two or more negligent defendants, can the plaintiff recover 100% of her damages from any of the defendants? The answer in Nova Scotia is…

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Client Update: Interest arbitration changes for New Brunswick postponed for further study

April 11, 2016

On Friday, the Province of New Brunswick announced that it would not proceed at this time with the recently proposed changes to binding interest arbitration. The Province announced that a joint labour management committee will be struck to examine…

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Client Update: Universal interest arbitration proposed for New Brunswick

April 5, 2016

On March 29, 2016, the Province of New Brunswick tabled proposed changes to the Industrial Relations Act and the Public Services Labour Relations Act. If passed, these changes would dramatically alter well-established principles of private sector collective bargaining.…

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