Framework The federal and provincial governments have established a complex regulatory scheme to govern the fishing industry in Atlantic Canada and elsewhere. The principal statute governing the industry is the Fisheries Act. Under the Act, the federal government has created more than two dozen sets of regulations. The Minister of the Department of Fisheries and […]
In Atlantica Diversified Transportation Systems Inc. (Re), 2018 NSSC 77, the Supreme Court of Nova Scotia considered whether a true lessor is exempt from payment of expenses covered by an administration charge in Companies’ Creditors Arrangement Act (“CCAA”) proceedings. A determining factor on a claim for exemption is whether the lessor received a benefit – […]
A recent decision of the Newfoundland and Labrador Court of Appeal in Hibernia Platform Employers’ Organization v. Communications, Energy and Paperworkers Union1 puts employers on notice to be cautious in implementing post-incident drug testing, even where such testing is contemplated in an employer’s alcohol and drug policy. Background The Hibernia Platform Employers’ Organization (“HPEO” or […]
In continuation of the series of publications on the legislative and regulatory framework being developed for the tidal energy industry in Nova Scotia, this article highlights some important considerations for tidal energy project developers that arise out of the recently promulgated Marine Renewable-energy General Regulations (the “Regulations”) under the Marine Renewable-energy Act (the “Act”) that came into force on January 23, 2018.
The legalization of cannabis has been set for October 17, 2018. This transformation will have a significant impact on employers as well as the general public, and yet for many, the impending legalization is shrouded in uncertainty.
Incorporating a company in Newfoundland and Labrador is a fairly easy and painless process: three simple online forms and a filing fee gets you an official certificate of incorporation. In an effort to be cost-conscious, many new business owners take care of this requirement themselves, never realizing (until it’s too late) that this is only one small step in the corporate set-up and organization process.
Recent legislative changes in New Brunswick have introduced a new employment leave available for employees: Domestic Violence Leave, Intimate Partner Violence Leave or Sexual Violence Leave (“Violence Leave”).
In Newfoundland and Labrador, fees commonly referred to as “probate fees” are payable to the Crown by the estate of a deceased person “in return for a grant of letters of probate or administration” pursuant to the Services Charges Act1. The probate fee payable is calculated pursuant to subsection 4(3) of the Act, which was amended on […]
In recent years, there have been a number of decisions related to the obligations of employers in their management of employees on long term disability.
Pound v. iWave, 2017 PECA 17, a recent decision by the Prince Edward Island Court of Appeal, is a cautionary tale for employers about the legal issues that may arise when standard form employment policies are adopted without management fully understanding their obligations to employees in practice.