Spring 2013 Labour & Employment Atlantic Canada Legislative Update
The following is a province-by-province update of legislation from a busy 2013 spring session in Atlantic Canada. Watching these developments, we know the new legislation that has passed or could soon pass, will impact our region’s employers.
In New Brunswick amendments were introduced that, if passed, would see changes come into effect on June 1 of next year to the Workers’ Compensation Act and Occupational Health and Safety Act. In Newfoundland and Labrador, the focus was on protecting offshore oil workers with new legislation and regulations. In Nova Scotia, the government amended the Labour Standards Code to protect families of critically ill children and made changes to the definitions of “spouse” within the Pension Benefits Act. Prince Edward Island made changes to its Occupational Health and Safety Act.
We anticipate that the legislature in New Brunswick will continue sitting until later this month and we will keep you informed of any developments.
1. NEW BRUNSWICK
New Brunswick introduced several amendments during the spring sitting of the legislature. These amendments include:
- A new provision under the Employment Standards Act that places restrictions on the use of electronic pay statements;
- Amendments to the Workers’ Compensation Act that will impact time limits for making a claim and reporting requirements in the event of a workplace injury; and
- Significant amendments to the Occupational Health and Safety Act, that would include new requirements for safety policies, new health and safety program requirements and new reporting obligations.
2. NEWFOUNDLAND AND LABRADOR
Amendments and New Legislation
Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, (amendments) SNL 2013, c 3 (not yet in force).
Bill No. 1, An Act To Amend The Canada-Newfoundland And Labrador Atlantic Accord Implementation Newfoundland And Labrador Act , will establish a new occupational health and safety regime in the offshore areas. While the amendments are not yet in force, industry leaders are encouraged to take proactive measures to ensure compliance when it does take effect.
3. NOVA SCOTIA
Amendments were made to the Labour Standards Code that provide for unpaid leaves of absence in the case of critically ill or abducted children. These amendments have received Royal Assent and will come into effect on a future date by proclamation.
Amendments to the Pension Benefits Act provide a broader definition of “spouse”. This amendment received Royal Assent and is now in effect.
Workers’ Compensation Act amendments allow for reinstatement of benefits to spouses who lost those benefits on remarriage.
In addition, the legislature passed Bill 61, the Cyber-safety Act. Although aimed at preventing events in light of a recent teen suicide in Nova Scotia, Bill 61 goes further by creating the tort that, through the common law principle of vicarious liability, may result in workplace litigation. More can be read on the Act by visiting our blog and reading The business case against workplace bullies just got stronger! The Cyber-safety Act received Royal Assent and will come into effect on a future date by proclamation.
The province also created more regulations under the Labour Standards Code General Regulations dealing with foreign workers in the province that came into effect on February 1, 2013 and May 1, 2013.
New Occupational Health and Safety Act regulations come into effect on June 12, 2013 that combine previous regulations and provide new definitions and new standards, including adopting visibility standards for clothing are required.
4. PRINCE EDWARD ISLAND
Prince Edward Island amended its Occupational Health and Safety Act to extend the prosecution timeline to two years.
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