Client Update: Cyber-safety Act comes into effect for Nova Scotia
The Cyber-safety Act (“the Act”), excepting Part V (that part amending the Safer Communities and Neighbourhoods Act), was proclaimed August 6, 2013 and is now in effect.
As discussed in our May 17, 2013 Client Update and our HRLaw blog The business case against workplace bullies just got stronger! the legislation has wide-ranging implications.
Briefly:
- There is now a “cyberbullying” tort recognized in Nova Scotia that presumes vicarious liability for parents of cyberbullies under the age of 19.
- Other forms of vicarious liability (e.g., that of an employer) are not precluded from the Act. For example, an employer might be found vicariously liable for an employee who engaged in cyberbullying in the workplace or may find itself under scrutiny of the Directors of Public Safety. Recent legal developments in Canada have expanded the workplace in cyberbullying harassment claims to include incidents occurring during non-working hours generated from non-work devices. An example of such harassment or bullying is found in our HRLaw blog What does harassment based on ethnic origin look like?
Until Part V is proclaimed, there is no legislative process for prosecution under the Act. We anticipate Part V, an amendment to the Safer Communities and Neighbourhoods Act, that creates a specialised unit with broad powers to investigate and combat cyberbullying, will come into effect once regulations are in place to regulate that unit’s activities.
Readers will note that the Safer Communities and Neighbourhoods Act is relatively new legislation enacted to deal with ‘bootleggers’ and ‘crackhouses’. The Act’s amendment to that legislation will provide the power to investigate and respond to allegations of cyberbullying including a provision allowing the Director to ask the court to require disclosure of anonymous bullies. We will keep an eye out for developments on Part V and will update once proclaimed.
The foregoing is intended for general information only and is not intended as legal advice. If you have any questions, visit our Labour and Employment Group or Insurance Group For more on our firm see stewmac.arrdev.ca.
Archive
By Levi Parsche As 2022 winds to a close, it’s a good time to review some of the legislative changes that have impacted Atlantic Canada in the last year — and consider what’s ahead for…
Read MoreBy Kevin Landry and Colton Smith The Bank of Canada (“BoC”) has announced the supervisory framework (the “Framework”) it will use to oversee payment service providers under the Retail Payments Activities Act. The Retail Payments Activities…
Read MoreBy John Samms, Stuart Wallace and Dave Randell On December 14, 2022, the Newfoundland and Labrador Department of Industry, Energy and Technology announced the launch of a Crown land call for bids for wind energy…
Read MoreWe are pleased to present Beyond the Border: A Year End Immigration Wrap-Up. Compiled by lawyers from our Immigration team, this 2022 update covers topics including a look back at the end of pandemic restrictions…
Read MoreNote: this is an update to a previously posted Thought Leadership piece from November 2020 to reflect the delayed coming into force of these proposed changes, as well as additional information that has become available. …
Read MoreAs part of our presenting sponsorship of the 2022 Halifax Chamber of Commerce Annual Fall Dinner, lawyers in our Immigration group compiled a series of Thought Leadership articles drawing on the themes of population retention…
Read MoreBy Brittany Trafford and Michiko Gartshore On November 16th, 2022 the Federal Government switched to the 2021 National Occupational Classification (NOC) structure from the prior 2016 version. The NOC is Canada’s national system used to…
Read MoreAs part our presenting sponsorship of the Halifax Chamber of Commerce’s Annual Fall Dinner, we are pleased to present a series of thought leadership articles highlighting the dinner’s themes of immigration, recruitment, and labour market…
Read MoreKevin Landry, Charlotte Henderson, and James Pinchak The governance of Artificial Intelligence (AI) is entering a new era since the Canadian Government first announced a digital charter in 2019 as part of a larger-scale overhaul…
Read MoreWe are pleased to present the eleventh issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. With a new academic year well underway, the Atlantic Region is finally seeing…
Read More