Who Owns That School? The Crown and the Validity of Lien Claims
November 14, 2018

Terra Services Inc. v. Her Majesty the Queen 2018 NLSC 221 As the Province of Newfoundland and Labrador remains a major driver of local construction and development the issue frequently arises as to whether the protections intended by the Mechanics’ Lien Act (“MLA”) can be extended to these provincial projects.  As a general rule, the […]

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Canada’s new data breach notification rules: What you need to know
November 1, 2018

All businesses, big and small, need to be ready for Canada’s new mandatory data breach notification rules under the Personal Information Protection and Electronic Documents Act (“PIPEDA”).

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A Primer on Fisheries Offences
October 29, 2018

Framework The federal and provincial governments have established a complex regulatory scheme to govern the fishing industry in Atlantic Canada and elsewhere. The principal statute governing the industry is the Fisheries Act. Under the Act, the federal government has created more than two dozen sets of regulations. The Minister of the Department of Fisheries and […]

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True Lessors, the CCAA and Allocation of Administrative Expenses
October 22, 2018

In Atlantica Diversified Transportation Systems Inc. (Re), 2018 NSSC 77, the Supreme Court of Nova Scotia considered whether a true lessor is exempt from payment of expenses covered by an administration charge in Companies’ Creditors Arrangement Act (“CCAA”) proceedings. A determining factor on a claim for exemption is whether the lessor received a benefit – […]

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Post-Incident Alcohol and Drug Testing Addressed by NL Court of Appeal
October 18, 2018

A recent decision of the Newfoundland and Labrador Court of Appeal in Hibernia Platform Employers’ Organization v. Communications, Energy and Paperworkers Union1 puts employers on notice to be cautious in implementing post-incident drug testing, even where such testing is contemplated in an employer’s alcohol and drug policy. Background The Hibernia Platform Employers’ Organization (“HPEO” or […]

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Nova Scotia: Marine Renewable-energy General Regulations – Important Considerations for Project Developers
October 16, 2018

In continuation of the series of publications on the legislative and regulatory framework being developed for the tidal energy industry in Nova Scotia, this article highlights some important considerations for tidal energy project developers that arise out of the recently promulgated Marine Renewable-energy General Regulations (the “Regulations”) under the Marine Renewable-energy Act (the “Act”) that came into force on January 23, 2018.

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Preparing for Cannabis Legalization: Federal and Atlantic Canadian Regulations
October 1, 2018

The legalization of cannabis has been set for October 17, 2018. This transformation will have a significant impact on employers as well as the general public, and yet for many, the impending legalization is shrouded in uncertainty.

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Getting Your ‘Duck-uments’ in a Row: Why Proper Corporate Records are More Important Than You Might Think
September 24, 2018

Incorporating a company in Newfoundland and Labrador is a fairly easy and painless process: three simple online forms and a filing fee gets you an official certificate of incorporation. In an effort to be cost-conscious, many new business owners take care of this requirement themselves, never realizing (until it’s too late) that this is only one small step in the corporate set-up and organization process.

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New Employment Leave Introduced in New Brunswick: Domestic Violence Leave, Intimate Partner Violence Leave or Sexual Violence Leave
September 17, 2018

Recent legislative changes in New Brunswick have introduced a new employment leave available for employees: Domestic Violence Leave, Intimate Partner Violence Leave or Sexual Violence Leave (“Violence Leave”).

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