Canadian labour and employment law
Encyclopedia
Canadian labour law is that body of law
which regulates the rights, restrictions obligations of trade unions, workers and employers in Canada. Canadian employment law is that body of law
which regulates the rights, restrictions obligations of non-unioned workers and employers in Canada.
In areas of unrestricted provincial jurisdiction, each province (and increasingly each territory) is empowered. So, for example, education (except education on First Nation reserves) and municipal government are both subject to provincial legislation (the territories excepted).
While Quebec's statutory environment is considerably different in many respects, most provinces and the federal Code
all follow the standard of enterprise-based bargaining structures. They also share a certification process (the details of which differ somewhat from province to province) through which unions are recognized by the state as having the support of a majority of workers in a narrowly-defined workplace.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
which regulates the rights, restrictions obligations of trade unions, workers and employers in Canada. Canadian employment law is that body of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
which regulates the rights, restrictions obligations of non-unioned workers and employers in Canada.
Framework
Both the federal and provincial (or territorial) governments have authority over labour and employment law in Canada. The constitution gives exclusive federal jurisdiction over employment in specific industries, such as banking, radio and TV broadcasting, inland and maritime navigation and shipping, inland fishing, as well as any form of transportation that crosses provincial boundaries. Employment that is not subject to federal jurisdiction is governed by the laws of the province or territory where the employment takes place.In areas of unrestricted provincial jurisdiction, each province (and increasingly each territory) is empowered. So, for example, education (except education on First Nation reserves) and municipal government are both subject to provincial legislation (the territories excepted).
While Quebec's statutory environment is considerably different in many respects, most provinces and the federal Code
Canada Labour Code
The Canada Labour Code is an Act of Parliament of the Canadian government to consolidate certain statutes respecting labour. The objective of the code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.Generally speaking, the...
all follow the standard of enterprise-based bargaining structures. They also share a certification process (the details of which differ somewhat from province to province) through which unions are recognized by the state as having the support of a majority of workers in a narrowly-defined workplace.
British Columbia
In 2002, the British Columbia government changed the Employment Standards Branch, replacing the investigation system that used to reply to labour law violations with an 18-page "Self-Help Kit" and mediation process. However, this has been criticized as changing the government's role "from enforcers of labour standards to being wage dispute resolvers."- Health Services and Support-Facilities Subsector Bargaining Association v British Columbia [2007] 2 SCR 391
- Fraser v. Ontario (Attorney General) [2008] ONCA 760
See also
- Canada Labour CodeCanada Labour CodeThe Canada Labour Code is an Act of Parliament of the Canadian government to consolidate certain statutes respecting labour. The objective of the code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.Generally speaking, the...
- Canadian Association of Administrators of Labour LegislationCanadian Association of Administrators of Labour LegislationEstablished in 1938, the Canadian Association of Administrators of Labour Legislation , is an association of federal, provincial and territorial departments of labour and heads of occupational safety and health agencies in Canada...
- Employment Standards Act of British ColumbiaEmployment Standards Act of British ColumbiaThe Employment Standards Act of British Columbia , is legislation enacted by the provincial government of British Columbia to protect the rights of working people. Sections within the act outline the employers responsibility to their employees, notably things such as minimum wage, meal breaks, and...
- Employment Standards ActEmployment Standards ActThe Employment Standards Act is an Act of the Legislature of Ontario.This Act regulates employment in the province of Ontario, including wages, maximum work hours, and workplace health and safety...
(Ontario)