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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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Digital Charter Implementation Act, 2020: The long-awaited overhaul of private sector privacy legislation in Canada

November 20, 2020

Koren Thomson and Sarah Byrne On November 17, 2020, the Digital Charter Implementation Act, 2020 (“Act”) was introduced as Bill C-11. This is the first major update to the federal private sector privacy regime in…

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Federal Pay Equity Regulations published in draft – key takeaways

November 20, 2020

Jennifer Thompson The Federal Government has released draft Regulations under the Pay Equity Act (“the Act”), almost 11 months after the Act received Royal Assent. The Act, which is not yet in force, makes significant…

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What steps must employers take to hire a foreign worker?

November 16, 2020

Kathleen Leighton Employers often wonder what steps they need to take to hire international talent, including what support they must provide to enable a foreign worker to obtain proper work authorization in Canada. This is…

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How to improve your Express Entry score

October 30, 2020

Kathleen Leighton Express Entry system Express Entry is a system that enables skilled foreign nationals who are looking to settle in Canada indefinitely to apply for permanent residency status. This system prioritizes individuals who are…

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COVID-19: Federal government announces continuing package of pandemic supports

October 29, 2020

Katharine Mack The federal government has recently announced a series of changes to be made to benefit programs rolled out in response to the COVID-19 pandemic. The extension or expansion of these benefits and support…

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Federal work place harassment and violence prevention regulations

October 26, 2020

Chad Sullivan and Kathleen Nash In late June 2020, the Federal Government released the official version of the new Work Place Harassment and Violence Prevention Regulations¹ (“Regulations”) along with Bill C-65, the federal anti-harassment and…

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Canada’s bid to attract entrepreneurs: the Start-up Visa Program

October 16, 2020

Sara Espinal Henao Canada wants entrepreneurs. With a strong and stable economy, world leading growth opportunities across industries, and a highly educated workforce, it is a great place to build a dynamic business that can…

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The million dollar question: is an employee entitled to a post-termination bonus payment?

October 9, 2020

Killian McParland Earlier today, the Supreme Court of Canada released a new decision with significant implications for employers in Matthews v. Ocean Nutrition Canada Ltd. While the underlying case came out of Nova Scotia, it…

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The boomerang that won’t come back – Court of Appeal confirms that parties must each bring their own motions for summary judgment

September 25, 2020

Chad Sullivan and Kathleen Nash In a recent decision from the New Brunswick Court of Appeal, Abrams v RTO Asset Management, 2020 NBCA 57, the court clarified the procedure for seeking summary judgment and addresses…

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The limits of open work permits

September 23, 2020

Kathleen Leighton In Canada, foreign nationals have various options to obtain either “employer-specific” or “open” work permits – we discuss this distinction in greater detail here. Open work permits can be obtained by individuals in…

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