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Shipbuilding: IRB Policy and the Benefits of Public-Private Consortia

In October 2011, the National Shipbuilding Procurement Secretariat awarded Irving Shipbuilding Inc. a $25 billion contract to build combat vessels for Canada. To ensure high value-added business activity for Canadian industries, the Industrial and Regional Benefits (IRB) Policy requires companies who have won government defence and security contracts to undertake business activities in Canada equal to 100% of the contract value.

The Statutory Freeze of Employment Terms and Conditions in the...

In Public Service Alliance of Canada v. Treasury Board (Canada Border Services Agency), 2013 PSLRB 46 (April 23, 2013), the employer’s practice had been to provide union officials with full-time or part-time leave with pay for them to carry out union business.

Managers Can Be Held Personally Liable For Preventing Accommodations in...

Managers who impede the accommodation of a disabled employee may attract personal liability. In May, a decision was released, Cassidy v. Emergency Health Services Commission and another (No. 5), 2013 BCHRT 116, where the British Columbia Human Rights Tribunal set an interesting precedent. The Tribunal found not only the employer, British Columbia Ambulance Service (“BCAS”), liable in failing to accommodate a disabled employee, but also the manager for his role in preventing accommodations.

Random Alcohol Testing Not Permitted in the Workplace

Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd., 2013 SCC 34

On June 14, 2013, the Supreme Court of Canada issued a decision that affirmed the role of alcohol testing in the workplace. The Court upheld the arbitrator’s decision which prohibited the employer’s random alcohol testing policy.

Workers’ Compensation – Proposed Changes to Expand Recovery for “Workplace...

The Workers’ Compensation Board of Nova Scotia has issued a background paper entitled “Compensability of Workplace Stress” which proposes significant changes to the Policies which regulate the entitlement of employees covered by the Workers’ Compensation Act of the Province and (in the Federal sector) the Government Employees’ Compensation Act.

Amendments to Builders’ Lien Act: Early Release of Holdback

The Nova Scotia Legislature recently passed amendments to the Builders’ Lien Act. The primary purpose of the amendments is to allow an earlier release of holdback funds.

Regional Construction Newsletter Spring 2013: Choosing the Right Tool for...

Anyone who has ever been involved in a complex, multi-party construction project will know that conflict is virtually inevitable. Whether it is the cost of work performed under an owner-requested change order, the need for revised engineering to correct design deficiencies, or the insolvency of a major player in the midst of construction, disagreements can arise in an almost limitless number of circumstances and involve sums ranging from hundreds to millions of dollars.

Nova Scotia Legislative Report – Spring Sitting May 13, 2013

The Spring sitting of the 5th session of the 61st General Assembly of the Nova Scotia Legislature began on March 26, 2013. The Legislature adjourned on May 10th, 2013. At the time of adjournment, 22 Government Bills, 61 Private Members Bills and 2 Private and Local Bills had been introduced during this sitting of the House of Assembly.

Implications of Recent Court of Appeal Bond Decision on Local...

The Nova Scotia Court of Appeal has unanimously affirmed its interpretation of the standard labour and materials bond used by the Nova Scotia Department of Transportation and Infrastructure Renewal.

Nova Scotia Legislative Report – Spring Sitting May 10, 2013

The Spring sitting of the 5th session of the 61st General Assembly of the Nova Scotia Legislature began on March 26, 2013. As of May 9th, 22 Government Bills, 61 Private Members Bills and 2 Private and Local Bills have been introduced during this sitting of the House of Assembly.