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Home > Our Insights > Nip it in the Bud: A 5 Step Plan for Employers to Prepare for Cannabis Legalization in Canada
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Nip it in the Bud: A 5 Step Plan for Employers to Prepare for Cannabis Legalization in Canada

Published:

April 17, 2017

Author(s):

  • Brad Proctor

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Recreational cannabis isn’t legal yet – but much of the associated stigma is already gone, usage is up and employers are feeling the workplace effects of the pending legalization now. On April 13, 2017, Canada’s federal government proposed legislation to legalize and regulate access to recreational (non-medical) cannabis in Canada. The government is hoping to make the proposed law effective in July 2018, and it still has to go through the legislative process so it could change. But employers need to nip cannabis in the workplace in the bud by acting now to be prepared for cannabis legalization when it happens.

Here’s a five-step plan to help employers prepare for the workplace impact of cannabis legalization.

  1. Educate yourself on cannabis basics.

Many employers haven’t educated themselves about cannabis because, practically, they didn’t need to: the mere fact it’s generally illegal (with the exception of medical cannabis, which is generally handled as is any other medication) is sufficient to “outlaw” it. But once it’s legal, employers will need the ability to manage its use and effects in the workplace – and that requires at least basic knowledge about cannabis. 

The Drug. Cannabis (a.k.a. marijuana, marihuana, weed, pot …) comes from the cannabis sativa plant and contains hundreds of chemical substances and more than 100 cannabinoids. The two most commonly known are: delta-9-tetrahydrocannabinol (THC), which has therapeutic effects and is primarily responsible for cannabis’s psychoactive effects; and cannabidiol (CBD), which has potential therapeutic effects but no psychoactive effects. THC potency is usually expressed as a THC percentage by weight of the substances. THC potency in dried cannabis has risen from an average of 3% in the ‘80s to around 15% today; some Canadian licensed medical producers are capable of growing cannabis with THC levels exceeding 30%. The proposed new law doesn’t limit THC potency now, though it could later do so. While typical users don’t require large amounts of THC to experience the psychoactive effects, the demand for and availability of products with higher THC levels persists where cannabis is legalized.

Forms & Uses. Most people are familiar with smoking dried cannabis in hand-rolled cigarettes, pipes or water pipes – but people can consume cannabis in many forms, including: “vaping”; eaten in foods cannabis-infused called “edibles” (e.g., cooking oils and drinks); applied as oils, ointments, tinctures, cream and concentrates (e.g. butane hash oil, resins and waxes); and of course, ingested as oral pills and oral sprays. Notably, the proposed new laws prohibit the sale of edibles and concentrates (at least for now), though permits their preparation for person use. These products can be made using different types of cannabis with varying levels of THC and CBD, resulting in different intensities and effects, and the different ways in which cannabis and its extracts are used shifts the THC concentration. The two main uses of cannabis are medical and recreational (or “non-medical”).

  • Medical. Many believe cannabis has therapeutic benefits for some medical conditions (though it’s fair to say there’s not yet any medical consensus on this, as court decisions in the context of casualty insurance coverage of medical cannabis illustrate). It’s now used for a wide range of “medical” purposes, including to: stimulate appetite for AIDS patients; reduce chemotherapy-related nausea and vomiting; treat MS, muscle spasticity, cancer-related pain and glaucoma; prevent epileptic seizures; lessen side effects from treating hepatitis C and increase treatment effectiveness; relieve pain and reduce inflammation from arthritis; help metabolism; improve Lupus symptoms; soothe tremors from Parkinson’s disease; help with PTSD; and protect the brain after stroke. Potential benefits include that it might: prevent cancer from spreading; reduce anxiety; slow the progression of Alzheimer’s disease; treat inflammatory bowel diseases; protect brain from concussions and trauma; and reverse carcinogenic effects of tobacco.
  • Recreational (a.k.a. “non-medical”). Cannabis is the most-used illicit drug and the most trafficked in the world and is, along with alcohol and tobacco, a favourite recreational drug of Canadians. In fact, Canada has one of the highest rates of cannabis use in the world: more than 40% of Canadians have used cannabis in their lifetime, and it’s Canada’s second most-used recreational drug after alcohol. In 2014, Canada’s  leading  hospital  for  mental  illness,  the  Centre  for  Addiction  and  Mental  Health  (CAMH), Centre for Addiction & Mental Health found 40% of Canadians have used cannabis, and 10% had used it in the prior year, 20% of youth between 15 and 24 had used it in the prior year – and a rather astonishing 70% of Canadian cannabis users are 25 or older. 

Effects. Cannabis’s effects are caused by the actions of cannabinoids on biological “targets”, a system of specific receptors and molecules throughout the body (the endocannabinoid system). Consumers can typically feel the effects of cannabis 30 minutes to 1 hour after consuming it. Short-term effects include: relaxation; time distortion; impaired thinking, judgment, coordination and memory; paranoia and anxiety; and bloodshot eyes, dry mouth, slurred speech and increased heart rate. Long-term effects include: lung irritation and breathing problems; harm to fetal brain development, if smoked during pregnancy; and decreased learning and cognitive thinking in young adults who use heavily while the brain is still developing.

  1. Put it Into (Social & Political) Context.

The social and political landscape respecting cannabis has changed vastly in the last century. Employers need to keep up with the times of their employees, and avoid making judgment calls on the morality (or immorality) of cannabis use, even if they have a differing personal opinion of cannabis use.

Criminalization. In 1923, cannabis was added to Canada’s Confidential Restricted List. Historians usually point to the 1922 publication of The Black Candle as inspiring the addition; one chapter is entitled “Marijuana – A New Menace”, and claims the only ways out of cannabis addiction are insanity, death or abandonment. This fairly common public position is reflected in a 1942 movie promoted as revealing the social evils of  cannabis: “From the hot dog stand selling ‘reefer’ across from a school, to the parties that put teens into the vile grips of promiscuity, dancing in their underwear and murder…”.

LeDain Commission. Things did change: as early as 1969, the Canadian government contemplated a different approach to recreational cannabis. Begun in 1969 and completed in 1972, the LeDain Commission of Inquiry into the Non-Medical Use of Drugs was a Canadian government commission. The majority’s recommendations included the repeal of the prohibition against the simple possession of cannabis and cultivation for personal use; the minority view recommended a policy of legal distribution of cannabis, removal of cannabis from the predecessor to the Controlled Drugs and Substances Act (CDSA, the law that currently governs the production and possession of non-medical cannabis) and provincial controls on possession and cultivation, similar to those governing alcohol use. The report also recommended the federal government conduct further research to monitor and evaluate changes in the extent and patterns of the use of cannabis and other drugs and to explore possible consequences to health, and personal and social behaviour resulting from the controlled legal distribution of cannabis. However, the (ironically Trudeau) government largely ignored the report.

Costs. Canada’s prohibition and criminalization of recreational cannabis has persisted to present day – yet hasn’t deterred Canadians from consuming it: youth continue to use cannabis at rates among the highest in the world; according to Stats Canada, there were 104,000 drug-related offences reported by police in Canada in 2014, 66% of which were cannabis-related and primarily for possession; around 60,000 Canadians are arrested (nearly 3% of all arrests) for simple possession of cannabis every year; over 500,000 Canadians carry a criminal record for this offense, which can  significantly limit  their  employment  opportunities  or restrict  their  ability to travel; and for 2002, the annual cost of  enforcing cannabis possession  laws  (including  police,  courts  and  corrections)  in  Canada  was estimated at $1.2B.

Shifting Public Opinion. Public opinion on cannabis control has shifted considerably even in just the last decade: 10 years ago about  half  of  Canadians  believed  cannabis  use  should  be decriminalized  or  legalized;  today,  about two thirds of Canadians hold this view and most Canadians no longer believe that simple cannabis possession should be subject to harsh criminal sanctions, and support the Government’s commitment to legalize, tax and regulate cannabis. Reflecting the new social landscape, during the 2015 Canadian election the Liberal Party promised to legalize, regulate and restrict access to cannabis. 

  1. Understand the Legal Landscape. 

The law is notoriously slow to change, and cannabis regulation has been no different – until recently: the Canadian legal landscape for cannabis access and use is about to drastically change.

The path to “legalization”. In 2015, the newly elected Liberal majority government soon announced it was creating a federal-provincial-territorial process to discuss a jointly suitable process for the legalization of cannabis possession for recreational purposes and embarked on doing so. In Fall 2015, the Prime Minister sent a Mandate Letter to Canada’s health minister expressing his desire that she begin working on efforts leading to the eventual legalization and regulation of cannabis. In November 2015, Canada’s Justice Minister said she and the ministers of Health and Public Safety were working on specifics around the legislation. In its December 2015 Throne Speech, the government committed to legalizing, regulating and restricting access to cannabis and in April 2016, Canada’s Health Minister announced the government’s plan to introduce new legislation to the House of Commons the following spring. Shortly after, in June 2016, Health Canada announced the creation of the newly formed Task Force on Marijuana Legalization and Regulation to seek input on the design of a new system to meet its intention to legalize, strictly regulate and restrict access to cannabis. Its mandate was to consult with key stakeholders and recommend a framework. The Task Force’s initial Discussion Paper reiterated that the current approach to cannabis prohibition isn’t working and set out to explore five key themes. From July 1 to August 29, 2016, an open public consultation forum was available for Canadians. Finally, on December 13, 2016 the Task Force released its final report, “A Framework for the Legalization and Regulation of Cannabis in Canada”. On April 13, 2017, the federal government proposed legislation that will legalize recreational cannabis in Canada; the target effective date is July 1, 2018:  (Bill C-45 An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts and Bill C-46 An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts). The legislation now must go through the legislative process, so assuming it is ultimately passed into law, it could still change before it takes effect.

“Medical” vs. “recreational” cannabis use. Canadian law treats “recreational” (or “non-medical”) cannabis and its use, and “medical” cannabis and its use, differently. It’s important that employers understand this difference.

  • Medical. Since about 2001, cannabis used for medical purposes has been legal, if used in a manner that complies with the applicable laws. Currently, two laws govern the use, possession and distribution of medical cannabis in Canada: the Access to Cannabis for Medical Purposes Regulations, under which a person can only obtain a legal supply of cannabis from a federally licensed producer, which can only sell or provide it to a person who has a “medical document” provided by a medical or nurse practitioner; and the Narcotic Control Regulations (NCR), under which a health care practitioner can administer dried cannabis to, or prescribe or transfer it for, a person if the person is a patient under their professional treatment, and the dried cannabis is required for the condition for which the person is receiving treatment. And just as employers are figuring out how to deal with medical cannabis in the workplace context, insurers are figuring out how to deal with medical cannabis coverage claims in the casualty insurance context and medical cannabis claims in the health benefits context. The proposed new laws don’t impact this medical cannabis legal regime, which will continue to operate parallel to the newly proposed recreational cannabis legal regime.
  • “Recreational”. It is the legal regime governing the use of recreational cannabis that is undergoing major reform. Currently, Canadian criminal law governs the production and possession of non-medical cannabis with the Controlled Drugs and Substances Act (CDSA). Recreational users must either buy it on the black market or grow it themselves; both constitute production/trafficking offences under the CDSA, though its  prohibition  and  criminalization  of  its  users  hasn’t stopped people from consuming cannabis. The new legal regime proposed to govern recreational cannabis, once passed and in effect, will be comprised of Bill C-45 An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts and Bill C-46 An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts. Until the new laws are passed and in force as law, however, the current legal regime remains in effect.

“Decriminalization” vs. “legalization”. These terms aren’t interchangeable. Decriminalization is a loosening of criminal penalties imposed for personal cannabis use even though the manufacturing and sale of the substance remain illegal. Essentially, law enforcement is instructed to look the other way when it comes to the possession of small amounts of cannabis meant for personal use. The manufacture and sale of cannabis remains unregulated by the state and those caught using the substance face civil fines instead of criminal charges. Growers, suppliers and retailers typically still face the prospect of criminal sanctions. In contrast, legalization is the lifting or abolishment of laws banning the possession and personal use of cannabis that, importantly, allows the government to regulate and tax cannabis use and sales.

  1. Review, update and revise existing workplace policies to deal with cannabis at work.

Not surprisingly, the new draft laws don’t deal with workplace safety because it’s an area that primarily falls within the authority of provincial, rather than federal, laws. Even though there aren’t yet any provincial laws yet in place, since the stigma is disappearing and usage is up, employers should immediately undertake a thorough review of all workplace policies to ascertain which require revision to address the legalization of recreational cannabis. The number of affected policies and their names will vary from employer to employer, but here are the five key broad areas on which to focus:

“Drug” Definition. Many workplace policies that related to drugs (alone or in combination with alcohol), define “drugs” as “illicit” or “illegal” drugs, often expressly including cannabis in that category. But when recreational cannabis becomes legal, these definitions will no longer apply to cannabis. At that point, cannabis will more closely resemble alcohol than cigarettes in this respect: legal, but with the ability to impair. Employers will need to review all policies that include a definition of “drugs” and revise them to ensure they include – or don’t exclude – cannabis, as appropriate.

Workplace Impairment, Testing & Safety Policies. Once legalized, cannabis will more closely resemble alcohol in this respect but with two – significant and intertwined – distinctions that will create uncertainty and could wreak havoc on most employers’ impairment and drug testing policies: the lack of a metric for cannabis impairment and the lack of precise and timely current impairment testing methods, both of which the 2016 Task Force Report acknowledges specifically in relation to workplace safety:

…We acknowledge the clear need for investment in detection and enforcement tools. Most importantly, investment in research to link THC levels to impairment and crash risk is required to support the establishment of a scientifically supported per se limit. In addition, investments to support the development of accurate and reliable roadside testing tools are required … The concerns expressed on workplace safety reinforce the urgent need for research to reliably determine when individuals are impaired. [As above in relation to] impaired driving, the ability to determine impairment with cannabis – through technology or specialized training – is not as advanced as our ability to measure the relationship between consumption and impairment with alcohol…

Despite these uncertainties, at least one Canadian arbitrator expressly, and another implicitly, accepted that an oral swab (sometimes called a “buccal” or a “cheek” swab) test accurately detects actual impairment due to cannabis at concentrations of 10 nanograms of THC per ml. of oral fluid at the time the test is taken: see the 2006 decision in Imperial Oil Limited v. Communications, Energy & Paperworkers Union of Canada, Local 900 at paragraphs 26-27; the Ontario Court of Appeal upheld the Divisional Court’s denial of the union’s application for judicial review; Halifax Employers Association v. Council of International Longshoremen’s Association. But employers must beware: there are rigid constraints on the circumstances in which they can conduct any drug or alcohol testing, and any review or revision of an existing testing policy must continue to comply with these constraints (and now is a good time to review that aspect of the policy too).

  • The magic number. There is an accepted lack of scientific data correlating the presence of THC and actual impairment. Unlike with alcohol, for which evidence was gathered over years to arrive at an established metric for alcohol intoxication (Blood Alcohol Concentration or BAC), this type of data doesn’t exist for cannabis. Indeed, the proposed new laws make driving with a blood drug concentration exceeding the prescribed limit a criminal offence – but hasn’t yet set that prescribed limit. Experts have observed that, “[t]here is no reliable way to relate urine or blood levels to impairment”. As with alcohol, the effects of cannabis vary tremendously between users: “[m]arijuana metabolism varies widely due to wide variability in THC concentration in cannabis leaves, depth of inhalation, respiratory function, fat accumulation, and variable rate of liver metabolism.” But unlike alcohol, THC can remain in the brain and body of chronic, heavy cannabis users for prolonged periods of time – sometimes several days or weeks – far beyond the period of acute impairment and potentially contributing to a level of chronic impairment. Some heavy, regular users (including those who use it for medical purposes) might not show any obvious signs of impairment even with significant THC blood concentrations; yet infrequent users with the same or lower THC concentrations might show more significant impairment. To further complicate things, there’s a significant combination effect when cannabis is consumed with alcohol, leading to a greater level of intoxication and motor control problems than when either is consumed alone.
  • Testing methods. The second fundamental distinction is the lack of precision around testing for both timely and accurate current impairment levels for cannabis. Measuring THC in blood, urine, or saliva is relatively easy, but none can, as yet, distinguish recent use from chronic or earlier (e.g. days or even weeks earlier) use.  Research indicates people are most impaired only within a couple of hours of smoking cannabis (though the Medical Review Officer handbook indicates employees have “reduced abilities” for “at least 4-6 hours after a dose of marijuana”), not days later. Frequent cannabis users will have elevated levels of THC in blood, urine, and saliva even if they haven’t smoked in days, and thus might not be impaired. Oral fluid swab is currently the most common and widely-accepted test for cannabis impairment due to recent use because of the similarity between oral fluid THC concentrations and blood plasma THC concentrations compared to urine or hair testing, and it’s less invasive than a blood sample. But unlike alcohol testing methods, to date there’s no accepted, reliable oral swab that delivers an immediate result. Some can give a fast reading, but only indicate a positive or negative result for active THC, not the amount. Swabs must be analyzed in a lab, either on or off-site, with the results taking days to weeks to reach the employer. However, oral fluid testing that detects and indicates THC levels within minutes is in development; in particular, employers will want to keep an eye on the current Canadian police pilot of portable roadside testing tools to measure THC presence in a driver’s system.

Workplace Usage Policies. Many workplace policies prohibit the use of “illicit drugs” on the employer’s premises; however, once legalized, cannabis will no longer be illicit. In this respect, cannabis will become more similar to alcohol, and less like cigarettes: legal, but with impairment potential. Employers have the authority to prohibit its use in the same way they prohibit the use of alcohol on their premises, as well as during working hours or otherwise as appropriate depending on the position and work environment (for example, while “on call”).

Accommodation-Related Policies. Under human rights laws, employers have a legal duty to accommodate a disability: a duty to arrange an employee’s workplace or duties, if it can do so without undue hardship, to enable the employee to do their work. The duty to accommodate applies to medical cannabis use; it also applies to dependency on drugs, whether legal or illegal, as it does to alcoholism. But just as there’s no duty to accommodate recreational alcohol use that falls short of a disabling alcohol dependence, there’s no legal duty to accommodate recreational cannabis use that falls short of a disabling drug dependence – even when it’s legal. Review accommodation-related policies to ensure they clearly delineate when the employer’s duty to accommodate for cannabis use, both medical and non-medical, as well as drug use generally, applies.

Scent Policies. Time to sniff out that old scent policy and give it the smell test. Similar to cigarette smoke, and perhaps to a lesser degree alcohol, cannabis smoke has a strong, distinct – and for many, unpleasant – odor. Consider revising scent policies to address the smell of cannabis smoke and, if it doesn’t already, add in cigarette smoke and alcohol odor too.

  1. If you don’t have any of these policies, get them.

Workplace policies are good practice generally, but the looming legalization of recreational (non-medical) cannabis makes them even more important. Just remember that there are rigid constraints on the circumstances in which they can conduct any drug or alcohol testing, so any new testing policy must comply with these constraints. Furthermore, when implementing new policies in the workplace generally:

Non-unionized workplace. Employers of a non-unionized workplace have the right to unilaterally institute or change a policy provided it doesn’t amount to a fundamental change to an employee’s contract of employment that demonstrates that the employer no longer intends to be bound by the employment contract. If it does so, the employee is entitled to consider itself constructively dismissed. Generally speaking, it’s unlikely that the proper introduction of any of the policies above would amount to a constructive dismissal, but employers should take care: it will depend on the particular circumstances.

Unionized workplace. Employers of a unionized environment have the right to institute a policy without the union’s endorsement if it satisfies the “KVP” criteria (named for the arbitration case in which it was first enunciated):

  • The policy (or any aspect of it) must not be inconsistent with the collective agreement.
  • The policy must not be unreasonable.
  • The policy must be both clear and unequivocal.
  • The employer must have brought the policy to the affected employee(s)’ attention before acting on it, putting them on notice of what’s required, that a breach could result in discipline including discharge (if applicable) and if their employment is in jeopardy.
  • The employer must consistently enforce the policy.

Sources:

https://www.drugabuse.gov/publications/drugfacts/marijuana;
https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/laws-regulations/task-force-cannabis-legalization-regulation/framework-legalization-regulation-cannabis-in-canada.html;
https://www.health.harvard.edu/blog/medical-marijuana-2018011513085 ; https://www.businessinsider.com/health-benefits-of-medical-marijuana-2014-4 ; https://www.theglobeandmail.com/cannabis/article-globe-investigation-whats-in-your-weed-we-tested-dispensary/ ; https://science.howstuffworks.com/marijuana5.htm;
https://nationalpost.com/news/canada/police-across-canada-testing-saliva-based-roadside-devices-to-detect-drugs-in-impaired-drivers; https://www.scientificamerican.com/article/don-t-hold-your-breath-for-a-marijuana-breathalyzer-test/;
https://www.cbc.ca/news/politics/marijuana-task-force-impaired-driving-1.3894337;
http://houndlabs.com/science/;
https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/laws-regulations/task-force-cannabis-legalization-regulation/framework-legalization-regulation-cannabis-in-canada.html; https://www.camh.ca/en/driving-change/about-camh; https://www.camh.ca/en/camh-news-and-stories/camh-statement-on-the-release-of-the-task-force-on-marijuana-legalization;
https://www.cannamm.com/news/blog-and-opinions/industry-news-instant-oral-fluid-notice/;


Please contact your McInnes Cooper lawyer or any member of the Labour & Employment Team @ McInnes Cooper to discuss this topic or any other legal issue.


McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2017. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at [email protected] to request our consent.

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    This publication has been updated as at December 15, 2022. On May 17, 2022, the P.E.I. Non-disclosure Agreements Act took effect,…

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  • Appeal Court Confirms Key Role of Courts & Injunctions to Resolve Disputes

    Feb 3, 2022

    On January 26, 2022, the British Columbia Court of Appeal extended an injunction preventing protesters from interfering with a logging…

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  • Webinar | Mandatory Covid-19 Vaccination Policy Cases: Key Employer Insights

    Jan 27, 2022

    Since COVID-19 vaccinations rolled out, employers have grappled with workplace COVID-19  vaccination policies, with little guidance from courts…

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    Webinar
  • Mandatory COVID-19 Vaccination Policy Cases: 3 Employer Insights

    Dec 14, 2021

    This publication has been updated as at January 26, 2022. Since COVID-19 vaccinations rolled out, employers have been grappling with how to…

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  • Webinar | The Hybrid Workplace: from Haphazard to Intentional

    Nov 25, 2021

    As COVID-19 continues, many workplaces have morphed from remote work arrangements into hybrid arrangements for many employees. By necessity,…

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    Webinar
  • 10 Key Realtor FAQs About N.B. Real Estate Law

    Nov 19, 2021

    To help realtors better prepare their clients to ensure smooth real estate transactions with timely closings, here are the answers to the 10…

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    Publication
  • NS Environmental Goals & Climate Change Reduction Act: In Pursuit of Sustainable Prosperity

    Nov 10, 2021

    On November 5, 2021, the Province of Nova Scotia passed the Environmental Goals and Climate Change Reduction Act. The Act will serve as the…

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    Publication
  • NB Greenhouse Gas (GHG) Emissions Reduction Regulation: 5 Key Obligations

    Oct 29, 2021

    The New Brunswick Reduction of Greenhouse Gas Emissions Regulation, effected under the N.B. Climate Change Act, establishes specific…

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  • Webinar | COVID-19 Labour & Employment Litigation Learnings

    Oct 28, 2021

    COVID-19 forced many employers to make temporary, and even permanent, changes to the terms of employees’ employment, from scheduling and…

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    Webinar
  • Northern Regional Health Authority v. Horrocks: Exclusive Jurisdiction Means Exclusive

    Oct 27, 2021

    On October 22, 2021, the Supreme Court of Canada, in Northern Regional Health Authority v. Horrocks, clarified that labour arbitrators have…

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  • Webinar | Growing Out Atlantic Canada’s Aquaculture Industry

    Oct 19, 2021

    Canada’s aquaculture industry is poised for growth but that growth is being challenged by regulatory uncertainty and a lack of confidence…

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    Webinar
  • 7 Key COVID-19 Labour & Employment Litigation Learnings

    Sep 21, 2021

    This publication has been updated as at December 14, 2022. COVID-19 has been changing Canadian workplaces for 18 months. For some employees,…

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  • N.B. Construction Remedies Act: 7 Key Changes from the Mechanics’ Lien Act

    Sep 9, 2021

    This publication has been updated as at March 7, 2022. The New Brunswick Construction Remedies Act, substantially came into effect on…

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  • Hiring a Foreign Company to Provide Services in Canada? 3 Immigration Issues

    Jul 27, 2021

    Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…

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  • 3 Legal Tools to Help Foster a Diverse & Inclusive Workplace

    Jul 21, 2021

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

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  • Federal OHS Violence & Harassment Prevention: 10 Key Changes January 1, 2021

    Jun 15, 2021

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

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    Publication
  • 10 COVID-19 Workplace Vaccination Policy Tips

    Jun 10, 2021

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

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    Publication
  • Dutch Court Orders Corporation to Reduce Emissions in Landmark Decision

    Jun 1, 2021

    This publication has been updated as at July 22, 2021. On May 26, 2021, the Hague District Court in the Netherlands ordered Royal Dutch Shell…

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  • The N.S. Shared Solar Energy Program: 3 Key Facts

    Apr 13, 2021

    On April 7, 2021, the Nova Scotia government introduced Bill 97, amendments to the N.S. Electricity Act aimed at growing the solar industry in…

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    Publication
  • Tax Implications of Working from Home During COVID-19: 10 Employer FAQs

    Mar 31, 2021

    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…

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    Publication
  • Atlantic Canada Minimum Wage Increases Effective April 1, 2021

    Mar 15, 2021

    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…

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    Publication
  • 10 Employer FAQs About Employee COVID-19 Testing & Vaccination

    Feb 16, 2021

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

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    Publication
  • Estate Planning: Two Trust Solutions

    Feb 12, 2021

    Estate planning is a customized process; the goal is to create a plan that’s best for a person’s unique situation. And while all estate…

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    Publication
  • China – Canada Connections: Estate Planning Obstacles & Opportunities

    Feb 12, 2021

    An ever increasing number of people originally from China now reside in Canada. It is more important than ever to recognize and understand the…

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    Publication
  • Contracting Chaos: 5 Key 2020 Employment Contract Lessons

    Jan 21, 2021

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

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    Publication
  • CCDC 2 (2020): 8 Key Changes to the Stipulated Price Contract

    Jan 20, 2021

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

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  • The Indigenous Right to a Moderate Livelihood: A Need for Clarity

    Jan 20, 2021

    This publication has been updated as at July 8, 2022. 2020 was a year filled with challenges, including in the relationship between…

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    Publication
  • Waksdale v. Swegon North America Inc.: Cause for Termination Clause Concern

    Jan 20, 2021

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

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    Publication
  • Expedite Entry of Foreign “Essential” Workers to Canada: 10 Essential Tips

    Dec 10, 2020

    The current state of closed Canadian borders and stringent travel restrictions in efforts to contain the COVID-19 pandemic is likely to be the…

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    Publication
  • New Trust Reporting Requirements Effective for 2021 Tax Year

    Dec 7, 2020

    All trusts that continue to be in effect past December 31, 2020, will be subject to new reporting requirements and harsh non-compliance…

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    Publication
  • P.E.I. Workplace Harassment Prevention Obligations: 5 Key Regulatory Changes July 1, 2020

    Nov 3, 2020

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

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    Publication
  • 3 Key Estate Planning Considerations for Business Owners

    Oct 21, 2020

    For business owners, estate planning is directed at protecting the business’s legacy as well as the financial security of both family members…

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    Publication
  • 3 Key Estate Plan Benefits & Ingredients

    Oct 20, 2020

    Estate planning is directed at protecting your assets and your loved ones from creditors and unnecessary income tax or probate fees, and your…

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    Publication
  • Matthews v. Ocean Nutrition Canada Ltd.: Employee Bonus Entitlement Lives On

    Oct 19, 2020

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

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    Publication
  • Playing it Safe: Employer Obligations To Employees Working From Home

    Aug 12, 2020

    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…

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    Publication
  • Uber Technologies Inc. v. Heller: One-Sided Standard Form Clauses May Be Unenforceable

    Jul 6, 2020

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

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    Publication
  • Temporary Immigration Measures Make Hiring Temporary Foreign Workers Easier

    May 14, 2020

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

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    Publication
  • Coping with COVID-19: Planning for Business Reopening

    Apr 30, 2020

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

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    Publication
  • Coping with COVID-19: The Impact on Contractual Performance in the Energy & Natural Resources Sector

    Apr 20, 2020

    As countries around the world grapple with the spread of COVID-19, global restrictions and containment measures have presented a range of…

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    Publication
  • Coping with COVID-19: Employers’ Top 10 Immigration Law FAQs

    Apr 15, 2020

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

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    Publication
  • Atlantic Canada Minimum Wage Changes Effective April 1, 2020: More Than Wage Rates

    Apr 1, 2020

    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,…

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    Publication
  • Coping with COVID-19: (More) Employer FAQs

    Mar 27, 2020

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

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    Publication
  • Coping with COVID-19: Employer FAQs

    Mar 12, 2020

    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…

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    Publication
  • N.S. Battens Down Marine Renewable Energy Power Purchase Agreement (PPA)

    Feb 4, 2020

    Tidal developers considering responding to the FORCE Berth D procurement now have a clearer view of just what the successful proponent will get.…

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    Publication
  • Prompt Payment Coming Down the Pike in NS: What Owners & Contractors Must Know

    Feb 4, 2020

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

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    Publication
  • CSA Staff Notice 51-359: Corporate Governance Compliance by Public Cannabis Co.’s

    Jan 22, 2020

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

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    Publication
  • 5 Key Requirements of Canada’s Federal Environmental Emergency Regulations

    Nov 22, 2019

    The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…

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    Publication
  • Atlantic Canadian Employees’ Rights & Employers’ Obligations at Election Time

    Oct 10, 2019

    “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…

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    Publication
  • 5 Key Changes to N.L. OHS Workplace Violence & Harassment Prevention Obligations January 1, 2020

    Sep 6, 2019

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

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    Publication
  • 5 Key FAQs About Canadian Cannabis Company “Key Investor” Disclosure Requirements

    Jun 26, 2019

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

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    Publication
  • Managing Social Media @ Work: 3 Steps to an Effective Workplace Social Media Policy

    Jun 5, 2019

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

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    Publication
  • CBCA Register for Individuals With Significant Control: 5 FAQs

    May 21, 2019

    We updated this publication on February 17, 2023. As of June 13, 2019, private companies incorporated under the Canada Business Corporations…

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    Publication
  • 5 Basics Every Startup & Growing Business Should Know About Employment Law

    Apr 8, 2019

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

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    Publication
  • New N.B. Workplace Anti-Violence & Harassment Obligations April 1, 2019

    Feb 27, 2019

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

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    Publication
  • Webinar | No Joking Matter: Complying with N.B. Workplace Anti-Violence & Harassment Requirements

    Feb 22, 2019

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

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    Webinar
  • Immigration Law Compliance: 5 Key Best Practices for Employers

    Jan 31, 2019

    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…

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    Publication
  • S.A. v. Metro Vancouver Housing Corp.: Can you trust a Henson trust?

    Jan 31, 2019

    On January 25, 2019, the Supreme Court of Canada considered, for the first time, “Henson trusts” and the nature of a disabled…

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    Publication
  • Privacy Interest in Personal Computer Contents: Supreme Court of Canada Confirms Ownership Isn’t 9/10 of the Law in R. v. Reeves

    Dec 19, 2018

    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…

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    Publication
  • How Canada’s New Impaired Driving Penalties Will Impact Canadian Immigrants & Employers

    Dec 18, 2018

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

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    Publication
  • 10 Burning Employer FAQs About Cannabis @ Work

    Dec 13, 2018

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

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    Publication
  • Cannabis Compliance: 3 Tips to Help Cannabis Industry Reporting Issuers Comply with Securities Law Disclosure Obligations

    Nov 16, 2018

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

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    Publication
  • Webinar | 5 Key Immigration Law Compliance Best Practices for Human Resource Professionals

    Sep 28, 2018

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

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    Webinar
  • Incorporating a Business? Incorporating in N.S. Will Soon Be More Attractive

    Sep 10, 2018

    As of January 2019, incorporating a limited company in N.S. will be more economical. On September 7, 2018, the N.S. government announced it’s…

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    Publication
  • Sarah McInnes in workplace.ca | The Top 5 Immigration Law Facts Every HR Professional Should Know

    Sep 4, 2018

    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…

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    Publication
  • Extended Parental Leave: What to Expect When Your Employee is Expecting

    Jul 16, 2018

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

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    Publication
  • Dan Watt in Energy Regulation Quarterly | The Impact Assessment Act, Canadian Energy Regulator Act and Offshore Energy: A View from Atlantic Canada

    Jul 10, 2018

    If enacted, Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation…

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    Publication
  • The Evolving Duty to Consult Indigenous Peoples: N.S. Court Recognizes a “Duty of Enforcement Consultation” in R. v. Martin

    Jun 29, 2018

    The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…

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    Publication
  • Webinar | 5 Workplace Policy Areas to Manage Marijuana Risks

    Jun 27, 2018

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

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    Webinar
  • No Matter the Chatter, the Bid is the Bottom Line: N.S. Supreme Court Issues a Reminder in CF Construction v. Town of Westville

    Jun 21, 2018

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

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    Publication
  • The More Modern & Transparent Canada Business Corporations Act (CBCA)

    Jun 12, 2018

    This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…

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    Publication
  • Medical Marijuana, Residual Impairment & The Duty to Accommodate in Re Lower Churchill Transmission Construction Employers’ Assn. Inc. and IBEW, Local 1620 (Tizzard)

    Jun 8, 2018

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

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    Publication
  • The Global Talent Stream: 5 Practical Learnings About the Latest Immigration Star

    May 24, 2018

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

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    Publication
  • Accommodating Mental Disability: 5 Practical Tips

    May 11, 2018

    This article has been updated as of January 19, 2022. It can be challenging for employers to fulfill their legal duty to accommodate an…

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    Publication
  • A Lid on Medical Pot: No health Plan Coverage or Workers Compensation Benefits

    Apr 26, 2018

    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…

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    Publication
  • Webinar | #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Apr 2, 2018

    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…

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    Webinar
  • More Valuable Than Money? The 5 Most Common Equity Compensation Plans

    Apr 2, 2018

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

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    Publication
  • #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Mar 29, 2018

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

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    Publication
  • Do Something: General Contractor Liable for Failing to Disclose the Existence of Labour & Materials Bond in Valard Construction Ltd. v. Bird Construction Co.

    Feb 21, 2018

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

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    Publication
  • Bill C-69 & The New Federal Offshore Renewable Energy Regime

    Feb 20, 2018

    The Canadian federal government has finally revealed how it proposes to regulate offshore renewable energy developments in federal waters. On…

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    Publication
  • Bill C-69 & the New Federal Impact Assessment Act: The Impact on the Role of the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB) and the Canada-Newfoundland and Labrador Offshore Petroleum Board (CNLOPB)

    Feb 20, 2018

    On February 8, 2018, the Canadian federal government proposed a new Impact Assessment Act in Bill C-69, An Act to enact the Impact Assessment…

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    Publication
  • Navigating the N.S. Marine Renewable Energy Regime: What Project Developers Need to Know

    Feb 13, 2018

    The much-anticipated Nova Scotia marine renewable energy regime finally has the force of law.  First introduced over two years ago, the Nova…

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    Publication
  • Williams Lake Indian Band v. Canada: Crown Breached Fiduciary Duty to Indigenous Community – in 1858

    Feb 8, 2018

    Over the past 15 years, most of the Supreme Court of Canada’s decisions respecting Indigenous Peoples in Canada have revolved around the…

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    Publication
  • Be Diligent: 5 Practical Steps to Enforceable Workplace Policies

    Feb 2, 2018

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

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    Publication
  • Medical Cannabis Health Benefits Coverage Strategy: Key Considerations

    Jan 25, 2018

    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…

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    Publication
  • How the Pros Get Into Canada: 5 FAQs About the NAFTA Professional Work Permit

    Jan 18, 2018

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

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    Publication
  • The Legal Reality: Canadian Appeal Court decides “Virtual Presence” is enough for production order for user information against non-Canadian company in British Columbia (Attorney General) v. Brecknell

    Jan 12, 2018

    Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…

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    Publication
  • Supreme Court of Canada Confirms Auditor Negligent & Liable for $40M in Livent v. Deloitte

    Dec 23, 2017

    Parents often threaten their children that if their behaviour did not improve they will get a lump of coal in their Christmas stockings. On…

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    Publication
  • Is cryptocurrency the right tool for your company to raise capital? 5 FAQs about Initial Coin Offerings (ICO)

    Dec 22, 2017

    Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…

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

    Dec 18, 2017

    The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…

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    Publication
  • 5 Helpful Holiday Hints for Human Resources

    Dec 8, 2017

    This article has been updated as of December 2, 2021. For many people, the holiday season now upon us is a fun-filled time of the year. But…

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    Publication
  • Balance Between Public & Operator Interests in Offshore Petroleum Resources Data is Set

    Nov 30, 2017

    On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the decision…

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    Publication
  • Canada’s Private Corporation Tax Proposals: Year End Planning in the Face of Uncertainty

    Nov 20, 2017

    October 2, 2017 marked the end of the consultation period relating to the taxation of private corporation proposals the Department of Finance…

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    Publication
  • “Facilitation Payments” to Foreign Public Officials Violates Canada’s Corruption of Foreign Public Officials Act

    Nov 17, 2017

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

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    Publication
  • Newfoundland & Labrador Offshore Oil Royalty Regulations November 1, 2017: Key Changes to the Offshore Regime

    Nov 9, 2017

    On November 3, 2017, the Newfoundland and Labrador Government published new Offshore Oil Royalty Regulations replacing the Royalty Regulations,…

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    Publication
  • Supreme Court of Canada Tackles Freedom of Religion & the Duty to Consult in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)

    Nov 7, 2017

    On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation’s claim that a Ministerial decision to approve a project…

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    Publication
  • 2018 Planning Starts Now for TSX-Listed Issuers: TSX Updates Disclosure Requirements

    Nov 2, 2017

    On October 19, 2017, the Toronto Stock Exchange (TSX) announced it had adopted amendments to its Company Manual. Originally proposed in Spring…

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    Publication
  • Protect Your Assets: 3 Best Practices for Intellectual Property (IP) Owners

    Oct 31, 2017

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

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    Publication
  • Canada Has Other Fish to Fry Between NAFTA Negotiation Rounds: CETA Provisionally Effective September 21, 2017

    Oct 11, 2017

    The fourth round of NAFTA negotiations is set to start on October 11, 2017. But in the meantime, the Canada-European Union Comprehensive…

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    Publication
  • Proposed N.S. Marine Renewable Energy Act Amendments: New Demonstration Permit for Marine Renewable Energy in Wind & Waves

    Oct 6, 2017

    On October 5, 2017, the N.S. government took another step toward creating a globally competitive marine renewable energy industry and associated…

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    Publication
  • Charting a Course for Good Governance of Canada’s Emerging Ocean Economy | Offshore Aquaculture and Ocean-based Renewable Energy

    Sep 29, 2017

    Atlantic Canada is at a turning point. The region’s history and economic development have historically been inextricably linked to the ocean.…

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    Publication
  • No NAFTA? No Problem – For Temporary Business Travel, That Is

    Sep 22, 2017

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

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    Publication
  • 5 Employer “Family Status” Discrimination & Accommodation FAQs

    Sep 21, 2017

    This publication has been updated as at January 13, 2022. An increasing number of employees are struggling to meet the challenge of the…

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    Publication
  • Federal Crown’s Deemed Trust Priority for Unremitted GST/HST Survives Bankruptcy

    Aug 28, 2017

    Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…

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    Publication
  • 5 Anti-Corruption Law Compliance Program Tips

    Aug 16, 2017

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

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    Publication
  • Relief is Here: N.S. Registered Defined Benefit Plans Get Temporary Solvency Funding Relief

    Aug 11, 2017

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

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    Publication
  • Proposed Changes to Business Income Tax Rules: A Gamechanger for Private Business Owners

    Aug 4, 2017

    On July 18, 2017, Canada’s Minister of Finance released proposed changes to the Income Tax Act (Canada) that, if implemented, will mark one of…

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    Publication
  • Crown Can Rely on National Energy Board to Fulfill its Duty to Consult

    Jul 28, 2017

    All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…

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    Publication
  • Federal Human Rights Law: No Gender Identity or Expression Discrimination

    Jul 28, 2017

    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…

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    Publication
  • Take Pride @ Work: 5 Ways Employers Can Support Gender Diversity

    Jul 28, 2017

    This publication has been updated as at June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased…

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    Publication
  • Steering clear of personal liability for oppression: Supreme Court of Canada offers guidance to corporate leaders in Wilson v. Alharayeri

    Jul 17, 2017

    A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

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    Publication
  • Jack Graham in Canadian Lawyer InHouse: Deconstructing the Workplace

    Jul 13, 2017

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

    Read More
    Publication
  • Making Waves: What CETA means for Atlantic Canadian Fisheries

    Jul 11, 2017

    The Canada-European Union Comprehensive Economic Trade Agreement (CETA) is making waves in Canada, and for good reason: it casts the net of…

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    Publication
  • Watching Your Claims Go Up In Smoke? Five Key Medical Cannabis Cost of Care Considerations

    Jul 10, 2017

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

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    Jun 23, 2017

    On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…

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  • Canada v. Mikisew Cree First Nation: Court to Decide Whether Duty to Consult Also Applies Before Legislation is Enacted

    May 26, 2017

    On May 19, 2017, the Supreme Court of Canada agreed to hear the appeal of the Federal Court of Appeal’s 2016 decision in Canada v Mikisew Cree…

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  • 5 Key Steps for a Proper Workplace Investigation

    May 19, 2017

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

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  • Bradley Proctor in the Workplace Environment Health & Safety Reporter

    May 16, 2017

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  • Anti-Corruption Law Exposes Payments to Governments Under Extractive Sector Transparency Measures Act

    May 11, 2017

    The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…

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  • Appeal Court Maintains Balance Between Public & Operator Interests in Offshore Petroleum Resources Data

    May 1, 2017

    NOTE: On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the…

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  • Better Late than Never: N.S. Government Enacts Early Release of Holdback Regulations

    Apr 28, 2017

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

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  • Estate Planning in the Age of Medical Assistance In Dying (MAID)

    Apr 21, 2017

    In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great…

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  • Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare

    Apr 20, 2017

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

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  • Daniel Watt and Sara Mahaney in Gard Update: Legal privilege in the corporate context in Canada

    Apr 6, 2017

    Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper…

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  • Register Before You Lobby in N.B. under Lobbyists’ Registration Act

    Apr 5, 2017

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

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  • Go Deep: How International Legal Reform Can Prevent Legal Uncertainty from Hindering Offshore Wind & Aquaculture Growth

    Mar 31, 2017

    Legal uncertainty is never a good thing for industry: it’s a barrier to investment, and thus an adversary to growth. Unfortunately, the law is…

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  • The Atlantic Immigration Pilot Program (AIPP): 5 Key Opportunities & Risks for Employers

    Feb 22, 2017

    On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From Pilot to…

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  • 12 Key Do’s & Don’ts of Hiring & Firing

    Jan 31, 2017

    We updated this publication on March 1, 2023. The hiring process and the termination process are equally important stages of the employment…

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  • Confidentiality Risks of Doing Business With the Public Sector Just Got Riskier: Completed NS Access to Information Requests Go Online

    Jan 25, 2017

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

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  • Canadians With U.S. Connections: Key Cross-Border Estate Planning Strategies

    Jan 20, 2017

    Connections between Canadians and the U.S. have never been as numerous or transparent as they are now: many Canadians own U.S. property, have…

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  • The Atlantic Link: 5 Key Questions About the Electrifying Opportunity to Connect to a New Renewable Energy Market

    Jan 13, 2017

    On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…

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  • Don’t Sell Yet: How Principal Residence Exemption (PRE) Changes Affect Trusts

    Dec 22, 2016

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

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  • The Top Three Atlantic Canada Offshore Legal Developments of 2016

    Dec 20, 2016

    As 2016 draws to a close, Oil & Gas Team @ McInnes Cooper offers its picks for the top three legal developments of 2016 that impacted the…

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  • Newfoundland & Labrador’s New Public Procurement Act

    Dec 19, 2016

    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,…

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  • Time to Shine: Nova Scotia to Launch Solar Energy Pilot Program in 2017

    Dec 15, 2016

    On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…

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  • Supreme Court of Canada Speaks on the Rectification of Transactions

    Dec 14, 2016

    On December 9, 2016, the Supreme Court of Canada clarified when a court can rectify a transaction that has had unintended tax consequences for…

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  • 5 Employer FAQs About Religious Accommodation @ Work

    Dec 13, 2016

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

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  • 10 Steps to Anticipate Citizens’ Challenges to New Developments

    Dec 7, 2016

    Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…

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  • Newfoundland & Labrador: A New Public Procurement Act for 2017

    Dec 5, 2016

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

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  • This Bridge is not for (Lien) Sale: N.S. Court decides Macdonald Bridge Cannot be Liened in Certification Coating Specialists v. Cherubini et.al.

    Nov 22, 2016

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

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  • Businessperson or “Business Visitor”: Canada’s Business Visitor Visa Rules

    Nov 22, 2016

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

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  • The 5 Key Elements of an Attendance Management Program (AMP)

    Nov 15, 2016

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

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  • Public & operator interests in offshore petroleum resources data: Where will the balance be struck? in Geophysical Service Incorporated (GSI) v. Encana Corporation

    Nov 9, 2016

    The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…

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  • 3 Key Employment Law Steps to Take Now to Help You Sell Later

    Oct 19, 2016

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

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  • Uber Angst: Employees & Independent Contractors in the Sharing Economy

    Sep 29, 2016

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

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  • NB Court Clarifies Mortgage Lenders’ Rights on Default: 5 Steps for NB Mortgage Lenders to Consider

    Sep 23, 2016

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

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    Publication
  • Supreme Court of Canada Gives a Lesson in Insurance Contract Interpretation in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.

    Sep 19, 2016

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

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    Publication
  • Supreme Court of Canada Decides Indian Bands Assessing Leased Reserve Lands for Property Tax Purposes Can’t Have it Both Ways in Musqueam Indian Band v. Musqueam Indian Band (Board of Review)

    Sep 12, 2016

    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…

    Read More
    Publication
  • Ontario Follows Suit With Securities Act Changes Tightening the Belt on Insider Trading Regulation

    Aug 15, 2016

    The standards expected of market participants are steadily increasing in response to demand to address white collar crime – including…

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    Publication
  • No Union? No Problem: Supreme Court of Canada Decides Canada Labour Code Bars Dismissal of Non-Unionized Employees Without Cause in Joseph Wilson v. Atomic Energy of Canada

    Jul 15, 2016

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

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    Publication
  • DFO Decides “Last In, First Out” Policy (LIFO) is Out

    Jul 7, 2016

    On July 6, 2016, the Federal Department of Fisheries and Ocean’s (DFO) accepted the Ministerial Advisory Panel (MAP) recommendation in the…

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    Publication
  • NS Dives into Pooled Registered Pension Plans (PRPP)

    Jun 30, 2016

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

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    Publication
  • Common Ground: Retail & Commercial Condominium Financing

    Jun 30, 2016

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

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    Publication
  • Label Delicate: Workplace Dress Codes Test & Tips

    Jun 29, 2016

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

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    Publication
  • Weigh Now or Weight Later: New Cargo Container Verified Gross Mass (VGM) Rules Effective July 1, 2016

    Jun 20, 2016

    As of July 1, 2016, packed cargo containers to which the International Convention for the Safety of Life at Sea (SOLAS), Chapter VI, Regulation…

    Read More
    Publication
  • Realtor Risk Management: 10 Practical Tips to Help Realtors Manage Litigation Risk

    Jun 20, 2016

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

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    Publication
  • The Parameters of Municipal Power: Supreme Court of Canada Decides Municipality Can’t Block Radiocommunication Tower Construction

    Jun 17, 2016

    In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…

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    Publication
  • FAQs About AMPs (Administrative Monetary Penalties) in the Canadian Offshore

    Jun 10, 2016

    Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…

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    Publication
  • Supreme Court of Canada Decides Income Tax Act Sections are Unconstitutional – and Strengthens Solicitor-Client Privilege in Canada (Attorney General) v. Chambre des notaires du Québec & Canada (National Revenue) v. Thompson

    Jun 6, 2016

    On June 3, 2016, the Supreme Court of Canada, in two related decisions, strengthened the legal protection of solicitor-client privilege in…

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    Publication
  • Assertion of Aboriginal Right Does Not Automatically Confer Eligibility to Appeal a Regulatory Approval

    Jun 6, 2016

    On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…

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    Publication
  • The East Coast Duty to Consult Indigenous Peoples

    Jun 6, 2016

    Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…

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    Publication
  • Get Your SEDAR Profile: Changes to Private Placement Filing Requirements Effective May 24 & June 30, 2016

    Jun 6, 2016

    On June 30, 2016, amendments to National Instrument 45-106 Prospectus Exemptions and related changes to Companion Policy 45-106 Prospectus…

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    Publication
  • 3 Tips to Use “Forward-Looking Information” to Enhance Your Investor Relations

    May 31, 2016

    You’re on a tight timeline to issue a press release. You finish your draft and ‘cut & paste’ your standard “forward-looking…

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  • Newfoundland & Labrador Crown Immunity for Mechanics’ Lien Holdbacks: 3 Key Risks for Subcontractors in Brook Construction (2007) v. Blackwood Contractors Ltd.

    May 24, 2016

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

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    Publication
  • A Red Flag for Municipalities & Developers: Supreme Court of Canada Decides Not Every Positive Covenant Under a Development Agreement Runs With the Land in Heritage Capital Corp. v. Equitable Trust Co.

    May 10, 2016

    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…

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    Publication
  • The Legal Defence of Due Diligence: Top 5 FAQs

    May 2, 2016

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

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  • The New Nova Scotia Mineral Resources Act: The Good, The Risky & The Neutral

    Apr 21, 2016

    On April 15, 2016, Bill No. 149, The Mineral Resources Act (2016) (2016 Act), passed its second reading in the NS House of Assembly. Although…

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    Publication
  • Supreme Court of Canada Decides Federal Government Has Legislative Authority Over Métis & Non-Status Indians

    Apr 19, 2016

    On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…

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  • From Watershed Decision to Watershed Law: Government Proposes Physician-Assisted Dying Law in Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)

    Apr 15, 2016

    On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo…

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    Publication
  • The Nuances of Labour Marketing Impact Assessments (LMIA): 2 Key Exemptions to Minimum Advertising Requirements

    Mar 29, 2016

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

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  • Doing Business With the Public Sector: Key Confidentiality Risks & 3 Risk Management Strategies

    Mar 24, 2016

    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…

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  • Construction Project Manager Sentenced to 3½ Years for Workplace Accident in R. v. Vadim Kazenelson (aka “Metron”)

    Mar 9, 2016

    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…

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  • 3 Tips to Manage Employee Tardiness Due to Adverse Weather Conditions

    Feb 23, 2016

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

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  • Energy Safety and Security Act (ESSA): 7 Key Changes Toughen Up Atlantic Offshore and North Oil & Gas Regulatory Regime

    Feb 15, 2016

    On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…

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  • NB Kicks-off First Request for Expressions of Interest from Aboriginal Businesses Under New Electricity from Renewable Resources Regulation

    Feb 1, 2016

    On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…

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  • The Top 12 Employment Contract Terms

    Feb 1, 2016

    This publication has been updated as at November 15, 2022. A well drafted and properly implemented written employment contract can be…

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  • Offshore Oil and Gas Decommissioning Best Practices

    Dec 21, 2015

    A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…

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  • An Ounce of Prevention is Worth a Pound of Response: The W-5’s of Managing Conflict & Preventing Harassment, Bullying & Violence @ Work

    Dec 7, 2015

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

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    Publication
  • Tax Implications of Personal Services Businesses (PSB) Status & Strategies to Avoid It

    Oct 23, 2015

    Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…

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    Publication
  • New Kid on the Block: Crowdfunding Joins Traditional Equity-Based Funding Options for Startups & SMEs

    Oct 19, 2015

    Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…

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  • 10 of the Top Employers’ Attendance Management Problems

    Aug 13, 2015

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

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  • Invalidation of Bequest to Neo-Nazi Group as Against Public Policy Withstands Appeal

    Jul 30, 2015

    Note: On June 9, 2016, the Supreme Court of Canada dismissed the National Alliance’s application for leave to appeal the New Brunswick Court…

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  • The Changing Face of Aboriginal Law: 1 Short Year, 2 Big Court Decisions, 3 Key Implications for the Energy & Natural Resources Sector

    Jul 17, 2015

    On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…

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  • Unproven Aboriginal Rights Enough For Lawsuit Against Private Industry

    Jul 10, 2015

    On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…

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  • 3 Reasons for Directors, Officers and Supervisors To Take Occupational Health and Safety Personally

    Jun 25, 2015

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

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  • Tread Carefully: 10 Considerations for Right of Way Agreements

    May 25, 2015

    This publication has been updated as at July 21, 2022. Every party to a Right of Way has some idea of what that Right of Way is – but many…

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  • 5 FAQs About Workplace Sex Discrimination

    Mar 31, 2015

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

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  • More than a Mere Nuisance – 5 Snow Loading FAQs

    Mar 3, 2015

    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…

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  • 5 Hot Tips to Help Employers Handle Office Romances

    Feb 13, 2015

    This publication has been updated as at January 26, 2022. With people spending so many of their waking hours at or connected to work these…

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  • No More Criminalization of Physician-Assisted Dying: The Ripple Effects of A Watershed Decision in Carter v. Canada (Attorney General)

    Feb 9, 2015

    NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…

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  • Charter Protects the Right to Strike

    Feb 2, 2015

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

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  • Bad Faith & Unfair Dealing in Employee Dismissal: 7 Lessons in 7 Years

    Jan 30, 2015

    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…

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  • Privacy in Basic Cell Phones: SCC Continues Trend of Privacy Protection in R. v. Fearon

    Dec 11, 2014

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

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    Publication
  • 5 “Legal” Reasons Why Natural Resource Companies Should Care About Corporate Social Responsibility (CSR)

    Dec 10, 2014

    “Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…

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  • 5 Tips to Manage Employer (Social) Host Liability

    Dec 5, 2014

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

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  • Complying with Canada’s Anti-Spam Legislation (CASL): A blueprint for the construction industry

    Dec 1, 2014

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

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  • Egg Films Epilogue: 5 Key Implications of NS Union Certification Based on “Industry” Dependence

    Nov 27, 2014

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

    Read More
    Publication
  • 5 New Obligations on NB Employers Effective September 1, 2014 in NB Employment Standards Act

    Sep 30, 2014

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

    Read More
    Publication
  • The Top 5 Corporate Governance Best Practices That Benefit Every Company

    Sep 16, 2014

    This publication has been updated as at August 25, 2022. Many believe that only public companies or large, established companies with many…

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  • Canadian Treaty Shopping Proposal Shelved Pending Final OECD Recommendation, First To Be Released September 16

    Sep 11, 2014

    The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents…

    Read More
    Publication
  • Canada’s Temporary Foreign Worker Program Overhaul

    Jul 9, 2014

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

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    Publication
  • SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada

    Jun 26, 2014

    On June 26, 2014, in its groundbreaking decision on Aboriginal title in Read the SCC’s decision in Tsilhqot’in Nation v. B.C., 2014 SCC 44,…

    Read More
    Publication
  • Legal Update: Feds Crack Down On Employer Abuse Of Temporary Foreign Worker Program

    Apr 3, 2014

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

    Read More
    Publication
  • Legal Update: More Changes to Federal Temporary Foreign Worker Program

    Jan 21, 2014

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

    Read More
    Publication
  • Privacy in Computer Contents: Supreme Court of Canada Picks Up Where It Left Off in R. v. Vu

    Nov 8, 2013

    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…

    Read More
    Publication
  • Privacy Trumps Safety: SCC Strikes Down Mandatory Random Alcohol Testing Policy

    Jul 2, 2013

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

    Read More
    Publication
  • Legal Alert: Federal Temporary Foreign Worker Program Changes

    Apr 30, 2013

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

    Read More
    Publication
  • Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population in Moore v. British Columbia (Education)

    Jan 8, 2013

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

    Read More
    Publication
  • Supreme Court of Canada Confirms Employees May Have a Limited Reasonable Expectation of Privacy In Work Computer in R. v. Cole

    Nov 28, 2012

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

    Read More
    Publication
  • Legal Alert: SCC Finds Limited Reasonable Expectation of Privacy In Work Computer But Evidence Still Admissible

    Oct 22, 2012

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

    Read More
    Publication
  • Court Confirms Reviewing Courts Should Give Early Due Deference to Administrative Decision-Makers

    Jul 10, 2012

    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…

    Read More
    Publication
  • “Canada Day” Or “July 1st”: Which Is The “Holiday” For Employees?

    Jun 14, 2012

    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. …

    Read More
    Publication
  • 10 Tips to Deal with Employee Discipline for Social Media Use

    Mar 1, 2012

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

    Read More
    Publication
  • Alert: Significant Changes to NS Human Rights Complaint-Handling Procedure Effective January 1, 2012

    Jan 5, 2012

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

    Read More
    Publication
  • Multiple Extensions of Termination Date Nullify Termination Notice

    Dec 19, 2011

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

    Read More
    Publication
  • NB Court of Appeal Upholds Mandatory Random Alcohol Testing Policy

    Aug 6, 2011

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

    Read More
    Publication
  • Ontario Court of Appeal Finds Reasonable Expectation of Privacy in Work Computer

    May 6, 2011

    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…

    Read More
    Publication
  • Changes to Federal Foreign Worker Regulations Effective April 1, 2011: A Serious Issue for Employers

    Mar 6, 2011

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

    Read More
    Publication

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