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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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Discovery: Atlantic Education & the Law – Issue 08

June 17, 2021

We are pleased to present the eighth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. With COVID-19 vaccines rolling out across the country, a renewed sense of hope is…

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Nova Scotia unveils changes to financial hardship unlocking – financial institutions to receive applications starting July 1, 2021

June 11, 2021

Dante Manna with the assistance of Kali Robertson (summer student) The Nova Scotia Government recently released regulations reassigning the authority for administering financial hardship unlocking in the province. Effective July 1, 2021, individuals will apply directly…

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Reuniting with family: who can come to Canada despite COVID-19 restrictions?

June 10, 2021

Brittany Trafford The Canadian borders have been restricted for over a year now and many families have struggled with being separated. Throughout 2020 and early 2021 restrictions have fluctuated as the federal government tried to…

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Unifor Local 64 v Corner Brook Pulp and Paper Limited: citing statutory duty to provide safe workplace as justification to demand drug test

June 7, 2021

Harold Smith, QC with the assistance of Matthew Raske (summer student) A recent labour arbitration decision, Unifor Local 64 and Corner Brook Pulp and Paper Limited, shows how the permissibility of drug and alcohol testing continues…

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Planning for re-opening: what might an international border opening look like in Canada?

June 2, 2021

Brittany Trafford Last week the Maritime provinces announced various re-opening plans based on vaccine trajectories, with Newfoundland and Labrador making an announcement today¹. These plans address, among other things, who will be able to enter…

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COVID-19 immigration update

May 31, 2021

*Last updated: May 31, 2021 (Originally published April 1, 2020) Kathleen Leighton Due to the COVID-19 pandemic, there are various implications for the immigration world, including for those already in Canada, as well as those…

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Nova Scotia unveils reopening plan

May 28, 2021

Katharine Mack Premier Ian Rankin and Chief Medical Officer of Health Dr. Robert Strang provided details on Nova Scotia’s reopening plan this afternoon. The Province’s plan has a total of 5 phases. Phase 1, which focuses…

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Khan v. CBC – the expanding role of privacy law in labour arbitrations

May 27, 2021

Chad Sullivan A recent labour arbitration decision (Canadian Broadcasting Corp. and Canadian Media Guild (Khan), Re, 2021 CanLII 761) provides another example of how privacy law continues to evolve and can directly impact the outcome…

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The Retail Payment Activities Act: the federal government’s proposed regulation of retail payments for FinTech

May 27, 2021

Kevin Landry and Annelise Harnanan (summer student) In April 2021, the federal government introduced the draft Retail Payments Activities Act (“RPAA”) as part of Bill C-30, the Act to implement the 2021 federal budget. Under…

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New Brunswick regulator seeks input on revised proposed rule under Unclaimed Property Act

May 25, 2021

Christopher Marr, TEP and Level Chan with the assistance of Annelise Harnanan (summer student) On May 20, 2021, the New Brunswick Financial and Consumer Services Commission (“FCNB”) released a revised version of one of its…

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