Canadian Employment Law Quiz

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Questions and Answers

What was the ruling of the JCPC in the Toronto Electric Commissioners v Snider case regarding employment law?

  • Employment law should be universally standardized across Canada.
  • Employment law is primarily governed by international treaties.
  • Employment law falls under federal jurisdiction.
  • Employment law is under provincial jurisdiction concerning property and civil rights. (correct)

Which of the following is NOT regulated by federal employment laws?

  • Provincially regulated manufacturing companies (correct)
  • Banks operating in multiple provinces
  • Telecommunication companies
  • National transportation companies

How does a company's incorporation status affect its regulatory framework?

  • Location of incorporation is the key factor for regulation.
  • Incorporation status determines whether federal or provincial laws apply.
  • Incorporation status does not affect whether a company is federally or provincially regulated. (correct)
  • Companies incorporated outside Canada are not regulated by Canadian law.

Which federal law provides pension benefits to qualifying employees?

<p>Canadian Pension Plan (A)</p> Signup and view all the answers

What element does the Canadian Charter of Rights and Freedoms affect in relation to employment law?

<p>Sets out guaranteed rights and freedoms affecting the workplace (B)</p> Signup and view all the answers

For a provincially regulated employer operating nationally, what laws govern their employees?

<p>Provincial laws of the respective provinces where employees work (D)</p> Signup and view all the answers

Which of the following statements about credit unions is correct?

<p>Most credit unions are provincially regulated due to not meeting the definition of a bank. (A)</p> Signup and view all the answers

What effect does incorporation location have on a company's employment regulation status?

<p>It has no effect; regulation depends on the industry type. (A)</p> Signup and view all the answers

What was a primary aim of the Pay Transparency Act introduced in BC in 2023?

<p>To enhance pay equity and transparency (C)</p> Signup and view all the answers

Which legislative change was made regarding the National Day for Truth and Reconciliation?

<p>It became a statutory holiday in 2021 for federally regulated employees. (B)</p> Signup and view all the answers

What changes did the NDP government implement in BC regarding minimum wage?

<p>They established a schedule for annual increases to the minimum wage. (B)</p> Signup and view all the answers

What significant legislative change occurred in Alberta after the 2019 United Conservative Party election?

<p>Reduction of minimum wage for workers under 18 (A)</p> Signup and view all the answers

Which of the following acts did NOT see significant changes under the NDP government in BC?

<p>The Alberta Occupational Health and Safety Act (D)</p> Signup and view all the answers

What does the Pay Transparency Act aim to prohibit?

<p>Employers from asking job candidates about current salaries (C)</p> Signup and view all the answers

Which commission was re-established as part of recent changes to employment laws in BC?

<p>The BC Human Rights Commission (D)</p> Signup and view all the answers

What was a key change made by the Act to Make Alberta Open for Business?

<p>Reduction of minimum wage for certain employees (C)</p> Signup and view all the answers

What is the primary function of the Canadian Legal Information Institute (CanLII)?

<p>To serve as a source for federal and provincial statutes and regulations. (A)</p> Signup and view all the answers

Which department offers a bilingual PDF version of federal statutes and regulations?

<p>The federal Department of Justice. (B)</p> Signup and view all the answers

How frequently are the statutes and regulations on the BC government’s website updated?

<p>Within two or three weeks. (B)</p> Signup and view all the answers

What type of content is emphasized as important for staying current with legal changes?

<p>Legally focused sources such as newsletters and publications. (A)</p> Signup and view all the answers

Which province's government website offers access to statutes and regulations as mentioned in the content?

<p>British Columbia. (C)</p> Signup and view all the answers

What was the key issue the Supreme Court of Canada had to address in Vriend's case?

<p>The inclusion of sexual orientation in the human rights legislation (B), The interpretation of section 15 of the Charter (D)</p> Signup and view all the answers

Which argument did the Alberta government make regarding the IRPA in Vriend's case?

<p>It was not discriminatory towards any sexual orientation. (D)</p> Signup and view all the answers

What reasoning did the Supreme Court of Canada use to support its decision?

<p>It acknowledged the negative impact on homosexual individuals due to the omission. (D)</p> Signup and view all the answers

What did the Supreme Court conclude about the protection of 2SLGBTQ+ individuals under Alberta's human rights legislation?

<p>They were denied equal protection based on their sexual orientation. (D)</p> Signup and view all the answers

What is meant by the term 'read into' as used by the Supreme Court in this context?

<p>To add a category of protection that was previously omitted (B)</p> Signup and view all the answers

What did the Supreme Court indicate about legislative omissions relating to human rights protection?

<p>They can have serious consequences similar to explicit exclusions. (C)</p> Signup and view all the answers

What was the Supreme Court's stance on the equality of treatment between homosexuals and heterosexuals in this case?

<p>Equality in treatment does not equate to equality in protection. (C)</p> Signup and view all the answers

What does section 15(1) of the Charter guarantee?

<p>The right to equal protection and benefit of the law without discrimination. (C)</p> Signup and view all the answers

What was the main outcome of the Supreme Court’s decision in M v H?

<p>Same-sex partners were recognized as spouses in legislation. (A)</p> Signup and view all the answers

Which Canadian province amended its human rights legislation in 1992 to include sexual orientation?

<p>British Columbia (C)</p> Signup and view all the answers

What did the Supreme Court identify as the purpose of the Family Law Act in its decision in M v H?

<p>To provide financial support for spouses after relationship breakdowns. (C)</p> Signup and view all the answers

How did the Alberta government respond to the Vriend decision?

<p>It explicitly prohibited discrimination based on sexual orientation. (C)</p> Signup and view all the answers

What was the nature of the relationship between M and H in the case M v H?

<p>They were in a spousal relationship without marriage. (A)</p> Signup and view all the answers

What did the courts typically do in successful challenges based on section 15 equality rights?

<p>They nullified parts of the existing legislation. (D)</p> Signup and view all the answers

What was a key factor that led to the Supreme Court's decision in M v H?

<p>The exclusion of same-sex couples from support payment provisions. (C)</p> Signup and view all the answers

Under what condition can a decision by an administrative tribunal be considered unreasonable?

<p>If it is found to be unjustified and arbitrary (A)</p> Signup and view all the answers

Which section of the Charter was violated according to the decision in M v H?

<p>Section 15 - Equality Rights (A)</p> Signup and view all the answers

What standard of review is applied when a question of law falls outside a tribunal’s area of expertise?

<p>Correctness standard (D)</p> Signup and view all the answers

What role do administrative agencies play within the administrative hierarchy?

<p>Investigate complaints and provide policy guidelines (A)</p> Signup and view all the answers

In which case did the Supreme Court of Canada address the concept of reasonableness in administrative decisions?

<p>Dunsmuir v. New Brunswick (C)</p> Signup and view all the answers

Which of the following is NOT a function of the Employment Standards Branch in BC and the Employment Standards Agency in Alberta?

<p>Issuing judicial orders for workplace violations (C)</p> Signup and view all the answers

What is the primary focus of the administrative agencies mentioned?

<p>Educating employers and employees about workplace issues (C)</p> Signup and view all the answers

When reviewing a tribunal's decision, what aspect does a court NOT need to agree with?

<p>The ultimate decision made by the tribunal (A)</p> Signup and view all the answers

Which of the following statements best describes the general standard of review applied to administrative tribunal decisions?

<p>It recognizes tribunal expertise while allowing appeals (A)</p> Signup and view all the answers

Flashcards

Pay Transparency Act (BC)

A provincial law in British Columbia that aims to promote fair wages by requiring employers to disclose pay ranges for positions and prohibiting them from asking potential employees about their previous salaries. It also prevents employers from enforcing salary secrecy agreements.

National Day for Truth and Reconciliation

A statutory holiday in Canada that is observed on September 30th. The day recognizes and commemorates the tragic history and ongoing legacy of residential schools in Canada.

Employment Law Framework

The set of laws, regulations, and policies governing employment relationships in a specific jurisdiction. It encompasses various aspects such as minimum wages, working conditions, vacation time, statutory holidays, and termination procedures.

Minimum Wage

The minimum hourly wage that employers are legally required to pay their employees. It is typically set by provincial or federal governments.

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NDP's Impact on BC's Employment Laws

The NDP (New Democratic Party) in British Columbia has implemented significant changes to the province's employment legislation. These changes aim to enhance employee rights and benefits, promote pay equity, and increase union protections.

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UCP's Impact on AB's Employment Laws

The UCP (United Conservative Party) in Alberta has sought to roll back some of the changes implemented by the NDP in the province's employment laws. These changes tend to favor employers and aim to create a more business-friendly environment.

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Unionization

A process where a group of employees collectively negotiate their employment terms with their employer through a union.

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Union Successorship Rights

The legal principle that requires a new employer to honor the terms of a collective agreement when taking over a business from a previous employer who had a unionized workforce.

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Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (Charter) is a set of fundamental rights and freedoms enshrined in the Canadian Constitution. It guarantees basic individual rights and freedoms for all Canadians.

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Charter's Application to Employment Law

The Charter applies to government action and legislation, meaning it can affect employment law when the government is involved.

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Charter's Impact on Workplace Practices

The Charter doesn't directly address employment law, but its guaranteed rights and freedoms can affect workplace practices and regulations.

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Toronto Electric Commissioners v. Snider

In Toronto Electric Commissioners v. Snider, the court ruled that the provinces have jurisdiction over provincial and civil rights, including employment law, with limited federal authority.

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Federal Employment Jurisdiction

Federal employment legislation applies to industries of national importance, like national transportation and communication.

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Provincial Employment Jurisdiction

All other employers outside of those deemed nationally important are subject to provincial employment laws.

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Regulation Based on Industry

In contrast to company location or incorporation, the source of employment law regulation depends on the industry.

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Federal Regulation of Banks

Federal employment statutes apply to federally regulated industries, like banks, regardless of their location across provinces.

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Reading In

The legal principle that requires a court to interpret existing legislation in a way that aligns with the Charter's values, even if the legislation itself doesn't explicitly include those values.

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Vriend v. Alberta

The omission of sexual orientation as a prohibited ground of discrimination under Alberta's human rights legislation.

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Formal Equality

The idea that laws should treat everyone equally, regardless of their characteristics.

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Substantive Equality

The notion that laws should consider the actual experiences and realities of different groups to ensure truly equal outcomes.

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Discrimination by Omission

A legal argument that a law is discriminatory even if it doesn't explicitly mention a specific characteristic, if it has a disproportionate negative impact on a certain group.

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Right to Equality

The right to equal protection and equal benefit of the law, as guaranteed by section 15(1) of the Canadian Charter of Rights and Freedoms.

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Disparate Impact

A situation where a law or policy, even if intended to be neutral, has a negative impact on certain groups due to their actual experiences and circumstances.

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Charter Values

The legal doctrine that allows courts to interpret legislation in a way that is consistent with the principles of the Charter of Rights and Freedoms.

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CanLII

A website operated by the Federation of Law Societies of Canada, offering access to federal and provincial statutes, regulations, and case law.

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Department of Justice Website

The official website of the Canadian Department of Justice, providing consolidated versions of federal statutes and regulations in bilingual PDF format.

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BC Government Website

The official website of the British Columbia government that provides access to the province's statutes and regulations, ensuring updates within 2-3 weeks.

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Alberta Government Website

The official website of the Alberta government providing access to the province's statutes and regulations.

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Staying Current with Legal Changes

Staying informed about changes in the law. Requires using reliable sources like law firm newsletters and industry publications.

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Striking down

A legal process where courts strike down parts of a law that violate section 15 of the Charter, meaning those parts become invalid and unenforceable.

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M v H

The Canadian Supreme Court’s 1999 decision in M v H that ruled the definition of "spouse" in Ontario’s Family Law Act violated the Charter by excluding same-sex couples.

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Equality Rights

The right to equal protection and benefit under the law, enshrined in Section 15 of the Canadian Charter of Rights and Freedoms.

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Protection Against Reprisal

The legal principle that protects employees who are fired or face negative consequences for seeking to join a union.

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Collective Bargaining

The legal principle that allows employees to collectively bargain with their employer, through a union, to negotiate wages, working conditions, and other benefits.

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Unreasonable Standard of Review

A legal standard of review applied to administrative tribunal decisions, where a court will overturn a decision only if it is unreasonable, meaning it falls outside a range of possible acceptable outcomes supported by the facts and law.

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Correctness Standard of Review

A higher standard of review applied to administrative tribunal decisions when dealing with legal questions outside the tribunal's expertise, such as constitutional law. In this case, a court can substitute its own view if it disagrees with the tribunal's decision.

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Administrative Agencies

Organizations empowered to investigate complaints, make rulings, and sometimes issue orders related to a specific area of law or regulation.

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Administrative Agencies' Role in Education

Lower levels of the administrative hierarchy, like the Employment Standards Branch, often play a crucial role in educating employers and employees about workplace issues.

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Administrative Agencies' Role in Administration

Administrative tribunals like the Employment Standards Branch and Employment Standards Agency are responsible for administering and enforcing the law, ensuring compliance with the legal framework.

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Administrative Agencies as Information Providers

These agencies provide practical guidance and information to employers and employees, helping them understand and comply with employment standards and other regulations.

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Role of Administrative Agencies in Workplace Regulation

Specialized bodies like the Employment Standards Branch and Employment Standards Agency play a vital role in regulating workplace issues and ensuring fairness and compliance.

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Administrative Agencies' Educational Role

Administrative agencies are often responsible for educating employers and employees about new legislation and policies, promoting awareness and understanding.

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Study Notes

  • This textbook chapter provides an overview of employment law concepts
  • It examines key statutes, how laws are created and change, and the role of judges and tribunals in interpreting law
  • Workers in Alberta and British Columbia are subject to different laws depending on location, type of work, and employment classification (employee, contractor, unionized, non-unionized)
  • Certain industries are governed by federal laws, not provincial ones
  • Chapter 2 discusses "common law" employment law, differentiating employees from independent contractors
  • Chapter 3 explores labour relations in unionized workplaces, addressing unionization, collective bargaining, strikes, etc.
  • Chapter 4 covers the Canada Labour Code, which protects employees in nationally significant industries (e.g., transportation, telecommunications, banking)
  • This code includes sections for both union and non-union workplaces, safety standards, and minimum employment standards

Overview of Employment Law

  • This chapter's learning outcomes include reviewing the main sources of employment law, understanding how and why laws change, and distinguishing between provincial and federal law
  • It also covers the relevance of the Canadian Charter of Rights and Freedoms, key statutes in British Columbia and Alberta, and judicial/administrative systems for interpreting employment laws
  • Students will learn to locate relevant statutes and case laws

Sources of Employment Law

  • There are three main sources of employment law: statute law, constitutional law (specifically, the Canadian Charter of Rights and Freedoms), and common law.
  • The importance of each source varies depending on the specific area of employment law. For example, wrongful dismissal actions typically rely on common law, while minimum standards and anti-discrimination laws are derived from statutes; common-law gradually utilizes many statutory-based principles.
  • Statute law refers to laws created by the federal or provincial government
  • Constitutional law, such as the Canadian Charter of Rights and Freedoms, provides guaranteed rights and freedoms that impact employment law.
  • Common law refers to judge-made law developed through court decisions, primarily pertinent to non-unionized employees
  • Constitutional law and most employee rights in statutes, generally, apply to both unionized and non-unionized employees

Statute Law

  • Statutes are laws created by federal or provincial governments
  • Employment statutes establish protections and rights exceeding those set by current common-law
  • Historically, legislation has focused on minimum wages, vacation time, etc.
  • Current legislation also includes anti-discrimination policies

How Statutes Are Made

  • A bill is written and goes through three readings in the legislature (or House of Commons + Senate for federal laws)
  • There are three types of bills: public bills (most common), private bills, and private members' bills
  • Public bills deal with matters of general interest, usually proposed by a cabinet minister, and may amend existing laws or create new ones.
  • Statutory rights and remedies may apply to unionized and non-unionized employees in a more or less similar manner

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