In November 2012, we posted a blog regarding Bill 6, The
Protection and Compliance Statures Amendment Act, 2012,
introduced to the Alberta legislature to amend three Acts,
including the Occupational Health and Safety Act as part
of an ongoing effort by the provincial government to hold employers
(and those responsible for work sites) accountable for the health
and safety of their business operations. Bill 6 received Royal
Assent on December 10, 2012. As a result, one key amendment now in
force is Section 3(1) of the Occupational Health and Safety
Act, which deals with the prime contractor.
Prior to the amendment, the legislation was worded in a way
which suggested that a prime contractor was only required if two or
more employers were involved at the work site at the same
time. Due to the wording, some site owners were able to bypass
the prime contractor obligation by skillfully crafting a work
schedule so that no more than one employer was present at a work
site at the same time.
The amendment strikes out the words "at the same time"
in an effort to clarify that a prime contractor is required for a
work site whenever there are two or more employers whose work
activities are interrelated and/or have a health or safety impact
on each other, even though they may not be present at the work site
Dentons is a global firm driven to provide you with the
competitive edge in an increasingly complex and interconnected
marketplace. We were formed by the March 2013 combination of
international law firm Salans LLP, Canadian law firm Fraser Milner
Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly
regarded law firms. Each built its outstanding reputation and
valued clientele by responding to the local, regional and national
needs of a broad spectrum of clients of all sizes –
individuals; entrepreneurs; small businesses and start-ups; local,
regional and national governments and government agencies; and
mid-sized and larger private and public corporations, including
international and global entities.
Now clients benefit from more than 2,500 lawyers and
professionals in 79 locations in 52 countries across Africa, Asia
Pacific, Canada, Central Asia, Europe, the Middle East, Russia and
the CIS, the UK and the US who are committed to challenging the
status quo to offer creative, actionable business and legal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances. Specific Questions relating to
this article should be addressed directly to the author.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).