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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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Canada’s National Day for Truth and Reconciliation – who gets the holiday?

September 27, 2021

Harold Smith, QC and Chelsea Drodge Background On September 29, 2020, the government introduced Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day…

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Time off to vote in the 2021 federal election

September 15, 2021

Richard Jordan The federal election will be held on Monday, September 20, 2021. Under s. 132 of the Canada Elections Act (“Act”), every employee who is an elector (i.e. a Canadian citizen and 18 years…

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Nova Scotia to recognize September 30 as Truth and Reconciliation Day

September 9, 2021

*Last updated: September 9, 2021 (originally published September 3, 2021) Katharine Mack The Nova Scotia government announced earlier today, September 3, that it would annually recognize September 30 as Truth and Reconciliation Day, beginning in…

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Labour and Employment webinar – Mandatory vaccinations: Calling the shots

September 3, 2021

Employers are navigating uncharted territory when it comes to COVID-19 vaccines, from employee health and safety, to workplace policies, privacy and human rights concerns, a panel of Firm lawyers sit down and explore the complicated…

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Final report of advisory committee on open banking

August 26, 2021

Kevin Landry and Annelise Harnanan (summer student) Recently, the Advisory Committee on Open Banking released the Final Report of the Advisory Committee on Open Banking, (“Report”) confirming its intention to implement a broader, more modernized…

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Termination for just cause: do employers need to investigate? McCallum v Saputo, 2021 MBCA 62

August 25, 2021

Kathleen Nash In a recent decision, McCallum v Saputo,¹ the Manitoba Court of Appeal confirmed that an employer does not have a “free-standing, actionable duty” to investigate an employee’s conduct prior to dismissal.² The Court of Appeal held…

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Canadian border re-opening: phased approach for fully vaccinated travellers

August 25, 2021

Brendan Sheridan The Government of Canada is undertaking a phased approach to re-opening the international border. While the government has had limited exemptions to the travel prohibitions throughout the pandemic, the loosening of the restrictions…

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IIROC and MFDA merging into one singular self-regulated organization

August 13, 2021

Kevin Landry On August 3, 2021 the Canadian Securities Administrators (“CSA”) announced plans to combine the Investment Industry Regulation Organization of Canada (“IIROC”) with the Mutual Fund Dealers Association of Canada (“MFDA”). This move will…

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Right time to strike – Courts less reticent to strike pleadings in Newfoundland and Labrador

August 12, 2021

John Samms, with the assistance of Olivia Bungay (summer student) In a recent decision, S.D. v Eastern Regional Integrated Health Authority, 2021 NLSC 100, the Supreme Court of Newfoundland and Labrador denied the Plaintiff’s application…

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What employers and employees need to know about election day in Nova Scotia

August 12, 2021

Richard Jordan and Folu Adesanya The 2021 Nova Scotia general election will be held on August 17, 2021. With the election looming, many Nova Scotians will be wondering the same question: “Am I entitled to…

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