Transportation of Dangerous Goods Act: New Amendments & Implications for Business: In 1992, the Transportation of Dangerous Goods Act (the “Act”) came into effect to promote public safety during the transportation of dangerous goods by all modes of transport in Canada. This federal legislation provides Transport Canada with the authority to develop and enforce requirements and restrictions to prevent incidents during transportation of dangerous goods. The Transport Dangerous Goods Directorate (the “Directorate”) monitors compliance with the Act and its Regulations by carrying out investigations and applying penalties in the event of non-compliance. Several significant amendments to the Act came into force on June 16, 2009, the majority of which fall broadly into the areas of transportation safety and security. To read the full article, please click here.
WCB Performance Pricing and Claim Costs Transfer Applications: While the Alberta Workers’ Compensation Act (“WCA”) establishes a no-fault insurance scheme for workers which is funded collectively by all employers, it also includes a significant “user-pay” component designed to promote injury prevention and disability management. This element of the WCA scheme is most aggressively applied through a number of measures which the Alberta Workers’ Compensation Board (“WCB”) describes as “performance pricing.” The two primary means through which the WCB ensures that poor performers pay more in premiums is the Experience Rating Plan and the Poor Performance Surcharge. Under the Experience Rating Plan, the WCB will adjust an employer’s premiums up to a maximum of ± 40% based on the employer’s performance as measured against the industry average. To read the full article, please click here.
Health, Safety and Environment: The Key Differences in Environmental and Occupational Health and Safety Investigations: Recent provincial and federal regulatory developments in the environmental and occupational health and safety (“OHS”) fields have combined to create a new enforcement reality in Alberta; one that is particularly focused upon the oil sands industry, but by no means limited only to those operators. Intensifying public and media scrutiny of regulatory issues have lead those who monitor, investigate and prosecute environmental and OHS offences to increase their capacities. Statutory changes have also dictated a more aggressive regulatory enforcement regime, along with significantly increased penalties for infractions. To read the full article, please click here.