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Jennifer A. Miller KC

Occupational Health & Safety (OHS) and Employment Lawyer at Bennett Jones Edmonton

Partner

Simon Foxcroft

Commercial Contracts Lawyer | Mining, Energy & Construction

Beth L. Jonah

Commercial Litigation Lawyer at Bennett Jones Edmonton

Associate

In a blink-and-you’ll-miss-it moment in April 2025, the Government of Alberta issued a Director Order that significantly altered the legal landscape concerning work site incident scene disturbances. In essence, we have returned to the law as originally written.

Major Change in Alberta OHS Scene Disturbance Law

Major Change in Alberta Occupational Health and Safety Scene Disturbance Law

Jenna Vivian

On January 23, 2025, the New Brunswick Court of Appeal released its decision in King v R. This tragic case highlights critical lessons for employers, emphasizing the importance of leadership accountability, adherence to safety protocols and a proactive approach to managing high-risk activities. This decision arose from the drowning of 18-year-old Michael Henderson in a confined space on a construction site in Fredericton, leading to the conviction of Jason King, his supervisor, for criminal negligence causing death.

Just Released OHS Lessons for Employers from King v R 2025 NBCA 12

Just Released: OHS Lessons for Employers from King v. R., 2025 NBCA 12

On December 1, 2021, sweeping changes to Alberta's current occupational health and safety legislation will come into force. The new laws rectify many of the previous challenges that arose from ambiguous and overly prescriptive statutory provisions, but in the short term, the revisions will constitute yet more change for employers already struggling to adapt their workplace policies and procedures to the ongoing pandemic. While there are many alterations to Alberta's existing occupational health and safety legislation, this article only addresses a number of the material changes.

New Alberta Occupational Health and Safety Laws to Take Force December 1 2021

New Alberta Occupational Health and Safety Laws to Take Force December 1, 2021

Mathieu J. LaFleche

Regulatory Litigation Lawyer | Employment & Privacy

Bill 47: Ensuring Safety and Cutting Red Tape Act, 2020, was introduced in the Alberta Legislature on November 5, 2020, and, if passed, will come into force on September 1, 2021. Among other things, Bill 47 comprehensively overhauls occupational health and safety legislation by replacing the current Occupational Health and Safety Act with a new act.

Proposed Sweeping Changes to Albertas Occupational Health and Safety Act

Proposed Sweeping Changes to Alberta's Occupational Health and Safety Act

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Jason D. Roth

Construction & Infrastructure Lawyer | EPC & Project Development

Larissa D. Lees

Regulatory Lawyer at Bennett Jones Calgary

Canada and Alberta have finalized a Co-operation Agreement to streamline impact assessments and reduce duplication between federal and provincial processes. The framework advances a &ldquo;one project, one review&rdquo; approach aimed at improving efficiency, coordination and regulatory certainty for major projects.

Alberta and Canada Sign Co-operation Agreement to Reduce Assessment Duplication

Samantha Lush

Corporate Commercial Lawyer at Bennett Jones Calgary

Alixe A.L. Cameron

Commercial Real Estate Lawyer

Kateryna Korneliuk

Articling Student at Bennett Jones in Calgary

Articling Student  

Mortgage agreements in Alberta commonly include waivers of Sections 49 and 52 of the Expropriation Act, which can significantly alter how compensation is allocated when land is expropriated. These clauses may shift financial risk from lenders to borrowers and affect entitlement to market value-based compensation and disturbance payments. This blog examines the legal enforceability of such waivers and highlights the importance of clear drafting and independent legal advice.

Drafting Cautiously Waiving Statutory Protections

Sections 49 and 52 of Alberta's Expropriation Act in Mortgage Agreements

Drafting Cautiously: Waiving Statutory Protections 

Sophie Virji

Tax Lawyer at Bennett Jones Calgary

Anna Lekach

The Tax Court of Canada&rsquo;s decision in ExxonMobil Canada Resources Company v. The King highlights the risks of imprecise language in internal corporate communications during CRA audits. The case demonstrates how seemingly innocuous statements can be misconstrued and relied upon to support reassessment positions. It underscores the importance of careful, deliberate drafting to mitigate audit risk and avoid unintended interpretations.

The Issue with Misconstrued Internal Statements

Learnings from ExxonMobil Canada Resources Company v. The King

Jacob Schroeter

Commercial Transactions Lawyer at Bennett Jones Toronto

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

This article examines the Ontario Court of Appeal&rsquo;s decision in McDonald&rsquo;s v. North Elgin, confirming that landlords cannot terminate long-term leases due to missing Planning Act consent where the approval process remains ongoing. It highlights the importance of &ldquo;saving clauses,&rdquo; cooperation obligations, and the retroactive curing effect of consent under the Planning Act. The decision reinforces that parties must honour their contractual commitments despite administrative delays.

Anchored Down Long Term Leases and the Limits on Landlord Exit Rights

Anchored Down:  Long-Term Leases and the Limits on Landlord Exit Rights

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Christopher Petrucci

Commercial Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Construction & Energy Litigation Lawyer

The Alberta Court of King&rsquo;s Bench in Phoenix Treatment Systems Ltd v 1924613 Alberta Ltd confirmed that not all activities qualify as lienable work capable of extending lien deadlines under the Prompt Payment and Construction Lien Act. The decision reinforces that only work sufficiently connected to the construction process will extend the registration period. Parties should take care to accurately identify the last day of lienable work, as errors may invalidate an otherwise enforceable lien.

Jennifer Miller Presents Updates on Alberta's OHS Laws at ACSA Conference

From the Same Authors

Major Change in Alberta Occupational Health and Safety Scene Disturbance Law

Just Released: OHS Lessons for Employers from King v. R., 2025 NBCA 12

New Alberta Occupational Health and Safety Laws to Take Force December 1, 2021

Latest Insights

Alberta and Canada Sign Co-operation Agreement to Reduce Assessment Duplication

Drafting Cautiously: Waiving Statutory Protections

The Issue with Misconstrued Internal Statements

Anchored Down: Long-Term Leases and the Limits on Landlord Exit Rights

Stay Informed. Stay Ahead.