Denis Mahoney & Brittany Keating in the NLCA 2018 Construction Journal | Testing 1-2-3: The latest on drug & alcohol testing in safety-sensitive workplaces

COVID-19 has been changing Canadian workplaces for 18 months. For some employees, the pandemic led to a shift to working from home. For others,…

The Construction Remedies Act will soon replace New Brunswick’s Mechanics’ Lien Act. The new Act both clarifies and expands the rights - and…

Many now agree: it’s imperative that workplaces be both diverse and inclusive. Perhaps the most often-quoted (and definitely most succinct)…

As of January 1, 2021, federally regulated employers (such as banks, telephone and cable systems, most federal Crown corporations,…

This publication has been updated as at August 27, 2021. With the COVID-19 vaccine widely available, and the COVID pandemic continuing,…

Close to five million Canadians who didn’t usually work from home, did so in 2020 because of the COVID-19 pandemic. Even as public health…

The COVID-19 Pandemic has focused more attention on the concept of a universal or guaranteed basic income that at any other time in modern…

This publication has been updated as at September 17, 2021. Employers across the country – including the federal government, some…

Well-drafted, properly implemented written employment contracts are a key tool to avoiding or resolving disputes during and at the end of…

In the first update to the CCDC 2 since 2008, in December 2020 the Canadian Construction Documents Committee (CCDC) published the CCDC 2 (2020).…

Termination clauses, particularly “without cause” ones, are among the most important clauses to include in any employment agreement. But the…

This publication has been updated as at July 9, 2021. For some time, every Prince Edward Island employer has been required to comply with…

On October 9, 2020, the Supreme Court of Canada delivered its decision in Matthews v. Ocean Nutrition Canada Ltd. on whether a former employee…

This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…

This publication has been updated as of April 23, 2021. Employers that hire and employ temporary foreign workers must comply with many and…

While the world is still reeling from ongoing COVID-19 concerns, many provinces have announced plans to relax public health restrictions put in…

The COVID-19 pandemic is disrupting more than Canada’s domestic workforce. It’s also disrupting Canadian employers’ access to temporary…

This article has been updated as of April 17, 2020.  Much has changed since our last publication on the Canada Emergency Wage Subsidy…

Atlantic Canadian minimum wage rates (the lowest rate an employer is permitted to pay an employee) aren’t all that’s changing on April 1,…

The COVID-19 novel coronavirus has evolved rapidly, and so have the workplace issues employers are facing – and the questions employers were…

The havoc that COVID-19 (a.k.a. “novel coronavirus” or SARS-CoV-2) is wreaking around the globe – and around workplaces – is about to…

Canada’s construction industry is abuzz with the latest innovation in lien legislation. Prompt payment requirements are being added to…

All issuers must comply with both periodic and ongoing securities law corporate governance (and other) disclosure requirements. This can,…

A well-drafted, properly implemented written employment contract is key to avoiding or resolving disputes throughout and at the end of the…

“Do the unexpected. Take 20 minutes out of your day, do what young people all over the world are dying to do: vote.” Rick Mercer (hailing…

This publication has been updated as at July 9, 2021. Violence and harassment is an unfortunate reality of society – and of the workplace.…

Information disclosure is a key theme that emerges from Canada’s new cannabis regulatory regime: the government wants lots of information from…

Like it or not, Canadians live life online. More people - and more employees - are sharing more information, images and opinions with more…

Growing a business takes people. In early days, many startups have just one “employee”: the founder. At some point, the founder might retain…

This year’s increases to Atlantic Canadian minimum wages - the lowest rate an employer is permitted to pay an employee - are entering like a…

This publication has been updated as at July 9, 2021. As of April 1, 2019, employers of New Brunswick employees must comply with new…

As of April 1, 2019, employers of New Brunswick employees must comply with new occupational health and safety law requirements specific to…

There’s no shortage of warnings of a worker shortage in Canada – and the consensus seems to be that it’s only going to get worse. The…

On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…

On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to…

This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…

Companies engaged in the cannabis supply chain are highly regulated by federal and provincial cannabis-specific laws as well as a myriad of…

Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…

Immigration is one of the key solutions to the looming (or in some cases, current) worker shortage in Canada. In her article, The Top 5…

Annual minimum wage increases in Atlantic Canada (and in Canada generally) don’t typically receive a significant amount of media coverage. But…

Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…

The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…

Lawyers regularly encourage clients to be proactive and discuss potential issues with third parties before they become real problems. But in the…

This publication has been updated as of September 28, 2020. In the last few years, many employers have been focused on preparing for and…

The Global Talent Stream is the central pillar of the Government of Canada’s recently launched Global Skills Strategy: an immigration program…

This article has been updated as of January 27, 2021. It can be challenging for employers to fulfill their legal duty to accommodate an…

The N.S. Court of Appeal has reached two decisions ending one employee’s quest for coverage of the costs of his medical marijuana – at least…

Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…

Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

On February 15, 2018, the Supreme Court of Canada decided a trustee’s fiduciary duty includes an obligation to inform beneficiaries of the…

Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…

The future of the North American Free Trade Agreement (NAFTA), including NAFTA’s immigration-related provisions allowing cross-border mobility…

Canada’s average age is increasing and its population decreasing, drastically reducing available workers - and neither Newfoundland and…

This article has been updated as of December 14, 2020. For many people, the holiday season now upon us is a fun-filled time of the year. But…

It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…

Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…

This publication has been updated as of August 28, 2020. An increasing number of employees are struggling to meet the challenge of the…

On September 6, 2017, the N.S. Government distributed a discussion paper, “Pension Funding Framework Review and other issues affecting pension…

In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…

After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…

This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

This publication has been updated as of July 15, 2020.  Trans and gender diverse employees face many challenges in the workplace – not the…

More employees are seeking flexible work arrangements as a new way of working to better juggle their family and personal responsibilities. In…

The legal landscape of cannabis (a.k.a. marihuana, weed, pot …) is changing, both reflecting - and contributing to - more relaxed attitudes…

Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…

Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…

On April 24, 2017, the N.S. Government issued regulations that will finally allow the Builders’ Lien Act amendments permitting early release…

On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

Note: Consultants who were already lobbying and in-house lobbyists already employed by an organization when the new Act took effect were…

The minimum wage rates in each of the four Atlantic Canadian Provinces will increase on April 1, 2017. The Labour & Employment Team @…

It’s no April Fools’ Day joke: effective April 1, 2017 the minimum wage rates in each of the four Atlantic Canadian provinces will increase.…

On January 27, 2017, the governments of the four Atlantic provinces and the federal government announced details of the Atlantic Immigration…

The hiring process and the termination process are equally important stages of the employment relationship – and both are full of minefields…

Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…

Effective January 1, 2017, the kinds of trusts that can claim the Principal Residence Exemption (PRE) will be limited. Now, the PRE allows…

On December 14, 2016, Bill 46 and the Newfoundland and Labrador Public Procurement Act became law. The new Act isn’t yet in effect, however,…

Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

It’s been a long time coming, but Newfoundland and Labrador is finally getting new public procurement legislation. On November 29, 2016, Bill…

There is an old expression about “selling the Brooklyn Bridge”. Recently, a bankrupt subcontractor attempted to register a lien against the…

Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…

The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…

Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…

On September 15, 2016, the New Brunswick Court of Appeal clarified the province’s statutory regime governing both the exercise of a lender’s…

On September 15, 2016, the Supreme Court of Canada decided certain damage to a building under construction was covered under the relevant…

On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…

On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…

As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal…

Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

Real estate vendors and purchasers have high expectations of their realtors – and they don’t often hesitate to pursue legal action against…

On June 16, 2016, the Supreme Court of Canada decided a municipality’s “notice of reserve”, a mechanism to prevent construction, on land…

It’s now certain: in Newfoundland & Labrador, liens can’t be placed on Crown land or holdbacks with the possible exemption allowing for…

On May 6, 2016, the Supreme Court of Canada generally affirmed the common law rule that positive covenants do not run with the land. More…

Note: As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

“Due diligence” is a legal defence to many charges under occupational health and safety (OHS) laws. Here are five of the most…

It’s critical for an employer to obtain a Labour Market Impact Assessment (LMIA) when hiring a temporary foreign worker(s). Employers applying…

Spring is sprung, the grass has risen – and so have minimum wages. The minimum wage rate is the lowest rate an employer is permitted to pay an…

Applying for and obtaining a Labour Market Impact Assessment (LMIA) is a critical step in hiring a temporary foreign worker(s). Employers…

When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…

In what appears to be the first case of the conviction of a front line supervisor under section 217.1 of the Criminal Code and sentencing to a…

Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…

A well drafted and implemented written employment contract can be instrumental to both avoiding or resolving disputes both during the employment…

Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people spending more time at work,…

The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…

Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations. However, not…

Every party to a Right of Way has some idea of what that Right of Way is – but many times, those ideas are different. This failure to clarify…

This publication has been updated as of June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…

Snow can be a big nuisance at this time of year, but snow load - the weight of the snow, usually measured in pounds per square foot - can be…

We updated this publication on February 13, 2020. With people spending so many of their waking hours at or connected to work these days,…

On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…

In December 2014, the NL Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to compensate him for the mental…

On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

This article has been updated as of December 11, 2020. Employers host numerous events throughout the year – summer and holiday office…

The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…

Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence…

Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…

On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…

On March 31, 2014 the NS Workers’ Compensation Board (WCB) issued a new policy applicable to its adjudication of psychological injury claims…

On March 28, 2014 the Federal Government tabled Bill C-31 to implement the 2014 Federal Budget – including broad authority to impose cash…

On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…

On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…

On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…

On June 14, 2013, in its highly anticipated decision in Communications, Energy and Paperworkers’ Union of Canada, Local 30 v. Irving Pulp…

Note: On November 1, 2013 the NL Government announced increases to its minimum wages to be effective in October 2014 and October 2015.  Click…

Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…

Pension legislation throughout Atlantic Canada is in a state of change. In less than a year, each Atlantic Province has taken steps – in some…

On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and…

On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…

Mr. Cole was a high school teacher with an employer owned and issued laptop computer.  He also used it for incidental personal purposes, which…

On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights…

As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it?  This year, July 1st falls on a Sunday. …

Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…

Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a…

In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated…

Note: On June 14, 2013 the Supreme Court of Canada issued its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v.…

In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…

Earlier this year, the Ontario Court of Appeal reversed the Superior Court of Justice’s decision in Krawchuk v. Scherbak. The Court’s…

In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…