federally regulated

Federal or provincial? Understanding employment and labour law jurisdiction for First Nations employers

January 19, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Union Relations

One of the most complicated legal questions for employers is whether their operations are regulated by federal or provincial workplace rules. The answer to this question can have broad implications for employers, as the requirements of provincial workplace laws can differ considerably from their federal counterparts. The confusion over jurisdiction stems from Canada’s division of powers between its varying levels of government. While the Constitution Act, 1867 does provide a helpful list of federal and provincial powers it is far from complete.

Constitution Act 1867, employment law, federal or provincial workplace rules, federally regulated, First Nations employers in Canada, Labour Law

Slaw: Employment law and First nation band

June 19, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Human Resources, Union Relations

In Canada, jurisdiction over employment law is normally within the authority of each province or territory, unless the employer or activity falls under the federal jurisdiction. This is a straightforward distinction under normal circumstances, but, in certain areas, it remains unclear. This was the case in Fox Lake Cree Nation v. Anderson, 2013…

Canada labour Code, constitutional right, employment law, Employment law and First nation band, Employment Standards legislation, federal jurisdiction, Federal undertaking, Federal works, federally regulated, First Nation, Indian Act, jurisdiction, Jurisdictional issues, labour relations, Provincial jurisdiction

Is driving a bus unsafe? It depends who you ask….

July 31, 2013 David Hyde Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

A recent investigation and ruling by Human Resources and Skills Development Canada (“HRSDC”) has found that OC Transpo, the public transit operator in Canada’s capital city, is not doing enough to protect its bus drivers from workplace violence as required under the CLC.

Amalgamated Transit Union, Canada labour Code, Canada's national transportation system, criminal code, criminal penalties, employee exposed to workplace violence, employment law, federally regulated, growing number of bus driver assaults, Human Resources and Skills Development Canada, installing cameras on buses, investigation, Is driving a bus unsafe, Labour Law, Labour Relations Act, OC Transpo transit system, OH&S, protecting bus drivers from violence, risk factors for violence, risk of violence, safety of bus drivers, sexual assaults, surveillance cameras, Toronto Transit Commission Labour Disputes Resolution Act, video surveillance, violence, Violence against bus drivers in Canada, violence prevention measures, workplace violence, workplace violence prevention policy