ARTICLE · 21 NOVEMBER 2018

Resources: Client Update: Who Is A Constructor?

Stewart McKelvey

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The Nova Scotia Occupational Health and Safety Act (the "Act") provides that "contractors" and "constructors" have similar, but not identical, responsibilities, with a "Constructor"

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The Nova Scotia Occupational Health and Safety Act (the "Act") provides that "contractors" and "constructors" have similar, but not identical, responsibilities, with a "Constructor" having greater authority and more responsibility for the health and safety of those working "at or near a project". Determining who is or who isn't a "constructor" has not always been clear. However, two relatively recent decisions from the Nova Scotia Provincial Court have gone a long way in clarifying matters.

Both decisions stemmed from a September 2013 accident during the construction of a new building at Dalhousie University when an unsecured outrigger beam fell several floors and caused catastrophic injuries to a worker.

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