The Cyber Safety Act (“the Act”), excepting Part V (that part amending the Safer Communities and Neighbourhoods Act), was proclaimed August 6, 2013 and is now in effect in Nova Scotia. This legislation has wide-ranging implications.
Briefly:
- There is now a “cyberbullying” tort recognized in Nova Scotia that presumes vicarious liability for parents of cyberbullies under the age of 19.
- Other forms of vicarious liability are not precluded from the Act. For example, an employer might be found vicariously liable for an employee who engaged in cyberbullying in the workplace or may find itself under scrutiny of the Directors of Public Safety. Recent legal developments in Canada have expanded the workplace in cyberbullying harassment claims to include incidents occurring during non-working hours generated from non-work devices.
Part V, an amendment to the Safer Communities and Neighbourhoods Act, that creates a specialised unit with broad powers to investigate and combat cyberbullying, is expected to come into effect once regulations are in place to regulate that unit’s activities. Until Part V is proclaimed, there is no legislative process for prosecution under the Act. The Safer Communities and Neighbourhoods Act is relatively new legislation. The amendment to that legislation will provide the power to investigate and respond to allegations of cyberbullying including a provision allowing the Director to ask the court to require disclosure of anonymous bullies.
Up to 40 percent of Canadian workers report feeling bullied at work. What does this mean for you and your business? Are you concerned about workplace bullying, and how to combat it? Two new Work Place Bullying Courses from ILScorp tackle this issue and help your workplace and employees be compliant with existing laws. Employee and employer courses are available online.
Exceprted from a post written by Stewart McKelvey
