Stewart McKelvey

Vol 4 Issue 3 Fall 2014

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Stewart McKelvey proudly celebrates over twenty years of innovative leadership as atlantic Canada's fi rst and largest regional law fi rm. With a distinguished heritage reaching back to Canada's confederation, our law fi rm has established an international reputation for generating results. More than 220 lawyers and over 300 staff in our six locations share a single objective: the best results for our clients. Charlottetown, PE 65 Grafton St., P.O. Box 2140 Charlottetown, PE C1a 1K8 Phone: 902.892.2485 Fax: 902.566.5283 charlottetown@stewartmckelvey.com Fredericton, NB Suite 600, Frederick Square, 77 Westmorland St. P.O. Box 730 Fredericton, NB E3B 6Z3 Phone: 506.458.1970 Fax: 506.444.8974 fredericton@stewartmckelvey.com Halifax, NS Suite 900, Purdy's Wharf Tower One 1959 Upper Water St., P.O. Box 997, Halifax, NS B3J 3N2 Phone: 902.420.3200 Fax: 902.420.1417 halifax@stewartmckelvey.com Moncton, NB Suite 601, Blue Cross Centre, 644 Main St. P.O. Box 28051, Moncton, NB E1C 1E2 Phone: 506.853.1970 Fax: 506.858.8454 moncton@stewartmckelvey.com Saint John, NB Suite 1000, Brunswick House, P.O. Box 7289, Postal Station a 44 Chipman Hill, Saint John, NB E2l 2a9 Phone: 506.632.1970 Fax: 506.652.1989 saint-john@stewartmckelvey.com St. John's, Nl Suite 1100, Cabot Place, 100 New Gower St. P.O. Box 5038, St. John's, Nl a1C 6K3 Phone: 709.722.4270 Fax: 709.722.4565 st-johns@stewartmckelvey.com Stewart McKelvey proudly celebrates over twenty years of innovative leadership as atlantic Canada's fi rst and largest regional law fi rm. With a distinguished heritage reaching back to Canada's confederation, our law fi rm has established an international reputation for generating results. More than 220 lawyers and over 300 staff in our six locations share a single objective: the best results for our clients. Charlottetown, PE 65 Grafton St., P.O. Box 2140 Charlottetown, PE C1a 1K8 Phone: 902.892.2485 Fax: 902.566.5283 charlottetown@stewartmckelvey.com Fredericton, NB Suite 600, Frederick Square, 77 Westmorland St. P.O. Box 730 Fredericton, NB E3B 6Z3 Phone: 506.458.1970 Fax: 506.444.8974 fredericton@stewartmckelvey.com Halifax, NS Suite 900, Purdy's Wharf Tower One 1959 Upper Water St., P.O. Box 997, Halifax, NS B3J 3N2 Phone: 902.420.3200 Fax: 902.420.1417 halifax@stewartmckelvey.com Moncton, NB Suite 601, Blue Cross Centre, 644 Main St. P.O. Box 28051, Moncton, NB E1C 1E2 Phone: 506.853.1970 Fax: 506.858.8454 moncton@stewartmckelvey.com Saint John, NB Suite 1000, Brunswick House, P.O. Box 7289, Postal Station a 44 Chipman Hill, Saint John, NB E2l 2a9 Phone: 506.632.1970 Fax: 506.652.1989 saint-john@stewartmckelvey.com St. John's, Nl Suite 1100, Cabot Place, 100 New Gower St. P.O. Box 5038, St. John's, Nl a1C 6K3 Phone: 709.722.4270 Fax: 709.722.4565 st-johns@stewartmckelvey.com installation, confl icts among the various agreements can arise. The second issue is: what happens to those con- tractors not named in the original certifi cation order who send employees to the platform to complete, for example, specialty work? What happens if their in- volvement on the platform constitutes a "signifi cant attachment"? In 2013, a lengthy hearing before the NL labour board was held on this particular issue. The union claimed that merely setting foot on the platform constituted being "employed on the platform" - an as- sertion which would signifi cantly broaden the ambit of the certifi cation order. The Employers' Association, as well as the various contractors involved in the hear- ing, argued such an involvement did not constitute a "signifi cant attachment". As of the date of writing this article, we continue to wait for a decision of the labour board on this signifi cant point. Similar issues have not yet arisen in NS. It is un- likely that there will be any consideration given to developing a labour relations regime similar to that in NL until the building of any offshore productions platforms. WhAt this MeAns for eMPLoyers The nature of the joint management (i.e. federal and provincial) of off- shore industries, and the dangers inherent in manag- ing offshore installations, add a layer of complexity to conducting work in this industry. For employers considering involvement in the Atlantic Canada off- shore oil and gas sector, it is important to keep in mind this regulatory backdrop, particularly with respect to labour and employment issues, to ensure that the same principles behind keeping employees working – safely and effectively – apply just as consistently offshore as they do onshore. Rebecca Saturley, partner Halifax, n.s. 902.420.3333 rsaturley@stewartmckelvey.com Stephen Penney, partner st. John's, n.l. 709.570.8881 spenney@stewartmckelvey.com

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