Podcast
Questions and Answers
What was the ruling of the JCPC in the Toronto Electric Commissioners v Snider case regarding employment law?
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?
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?
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?
Which federal law provides pension benefits to qualifying employees?
What element does the Canadian Charter of Rights and Freedoms affect in relation to employment law?
What element does the Canadian Charter of Rights and Freedoms affect in relation to employment law?
For a provincially regulated employer operating nationally, what laws govern their employees?
For a provincially regulated employer operating nationally, what laws govern their employees?
Which of the following statements about credit unions is correct?
Which of the following statements about credit unions is correct?
What effect does incorporation location have on a company's employment regulation status?
What effect does incorporation location have on a company's employment regulation status?
What was a primary aim of the Pay Transparency Act introduced in BC in 2023?
What was a primary aim of the Pay Transparency Act introduced in BC in 2023?
Which legislative change was made regarding the National Day for Truth and Reconciliation?
Which legislative change was made regarding the National Day for Truth and Reconciliation?
What changes did the NDP government implement in BC regarding minimum wage?
What changes did the NDP government implement in BC regarding minimum wage?
What significant legislative change occurred in Alberta after the 2019 United Conservative Party election?
What significant legislative change occurred in Alberta after the 2019 United Conservative Party election?
Which of the following acts did NOT see significant changes under the NDP government in BC?
Which of the following acts did NOT see significant changes under the NDP government in BC?
What does the Pay Transparency Act aim to prohibit?
What does the Pay Transparency Act aim to prohibit?
Which commission was re-established as part of recent changes to employment laws in BC?
Which commission was re-established as part of recent changes to employment laws in BC?
What was a key change made by the Act to Make Alberta Open for Business?
What was a key change made by the Act to Make Alberta Open for Business?
What is the primary function of the Canadian Legal Information Institute (CanLII)?
What is the primary function of the Canadian Legal Information Institute (CanLII)?
Which department offers a bilingual PDF version of federal statutes and regulations?
Which department offers a bilingual PDF version of federal statutes and regulations?
How frequently are the statutes and regulations on the BC government’s website updated?
How frequently are the statutes and regulations on the BC government’s website updated?
What type of content is emphasized as important for staying current with legal changes?
What type of content is emphasized as important for staying current with legal changes?
Which province's government website offers access to statutes and regulations as mentioned in the content?
Which province's government website offers access to statutes and regulations as mentioned in the content?
What was the key issue the Supreme Court of Canada had to address in Vriend's case?
What was the key issue the Supreme Court of Canada had to address in Vriend's case?
Which argument did the Alberta government make regarding the IRPA in Vriend's case?
Which argument did the Alberta government make regarding the IRPA in Vriend's case?
What reasoning did the Supreme Court of Canada use to support its decision?
What reasoning did the Supreme Court of Canada use to support its decision?
What did the Supreme Court conclude about the protection of 2SLGBTQ+ individuals under Alberta's human rights legislation?
What did the Supreme Court conclude about the protection of 2SLGBTQ+ individuals under Alberta's human rights legislation?
What is meant by the term 'read into' as used by the Supreme Court in this context?
What is meant by the term 'read into' as used by the Supreme Court in this context?
What did the Supreme Court indicate about legislative omissions relating to human rights protection?
What did the Supreme Court indicate about legislative omissions relating to human rights protection?
What was the Supreme Court's stance on the equality of treatment between homosexuals and heterosexuals in this case?
What was the Supreme Court's stance on the equality of treatment between homosexuals and heterosexuals in this case?
What does section 15(1) of the Charter guarantee?
What does section 15(1) of the Charter guarantee?
What was the main outcome of the Supreme Court’s decision in M v H?
What was the main outcome of the Supreme Court’s decision in M v H?
Which Canadian province amended its human rights legislation in 1992 to include sexual orientation?
Which Canadian province amended its human rights legislation in 1992 to include sexual orientation?
What did the Supreme Court identify as the purpose of the Family Law Act in its decision in M v H?
What did the Supreme Court identify as the purpose of the Family Law Act in its decision in M v H?
How did the Alberta government respond to the Vriend decision?
How did the Alberta government respond to the Vriend decision?
What was the nature of the relationship between M and H in the case M v H?
What was the nature of the relationship between M and H in the case M v H?
What did the courts typically do in successful challenges based on section 15 equality rights?
What did the courts typically do in successful challenges based on section 15 equality rights?
What was a key factor that led to the Supreme Court's decision in M v H?
What was a key factor that led to the Supreme Court's decision in M v H?
Under what condition can a decision by an administrative tribunal be considered unreasonable?
Under what condition can a decision by an administrative tribunal be considered unreasonable?
Which section of the Charter was violated according to the decision in M v H?
Which section of the Charter was violated according to the decision in M v H?
What standard of review is applied when a question of law falls outside a tribunal’s area of expertise?
What standard of review is applied when a question of law falls outside a tribunal’s area of expertise?
What role do administrative agencies play within the administrative hierarchy?
What role do administrative agencies play within the administrative hierarchy?
In which case did the Supreme Court of Canada address the concept of reasonableness in administrative decisions?
In which case did the Supreme Court of Canada address the concept of reasonableness in administrative decisions?
Which of the following is NOT a function of the Employment Standards Branch in BC and the Employment Standards Agency in Alberta?
Which of the following is NOT a function of the Employment Standards Branch in BC and the Employment Standards Agency in Alberta?
What is the primary focus of the administrative agencies mentioned?
What is the primary focus of the administrative agencies mentioned?
When reviewing a tribunal's decision, what aspect does a court NOT need to agree with?
When reviewing a tribunal's decision, what aspect does a court NOT need to agree with?
Which of the following statements best describes the general standard of review applied to administrative tribunal decisions?
Which of the following statements best describes the general standard of review applied to administrative tribunal decisions?
Flashcards
Pay Transparency Act (BC)
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
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
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
Minimum Wage
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NDP's Impact on BC's Employment Laws
NDP's Impact on BC's Employment Laws
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UCP's Impact on AB's Employment Laws
UCP's Impact on AB's Employment Laws
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Unionization
Unionization
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Union Successorship Rights
Union Successorship Rights
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Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
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Charter's Application to Employment Law
Charter's Application to Employment Law
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Charter's Impact on Workplace Practices
Charter's Impact on Workplace Practices
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Toronto Electric Commissioners v. Snider
Toronto Electric Commissioners v. Snider
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Federal Employment Jurisdiction
Federal Employment Jurisdiction
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Provincial Employment Jurisdiction
Provincial Employment Jurisdiction
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Regulation Based on Industry
Regulation Based on Industry
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Federal Regulation of Banks
Federal Regulation of Banks
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Reading In
Reading In
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Vriend v. Alberta
Vriend v. Alberta
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Formal Equality
Formal Equality
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Substantive Equality
Substantive Equality
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Discrimination by Omission
Discrimination by Omission
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Right to Equality
Right to Equality
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Disparate Impact
Disparate Impact
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Charter Values
Charter Values
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CanLII
CanLII
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Department of Justice Website
Department of Justice Website
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BC Government Website
BC Government Website
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Alberta Government Website
Alberta Government Website
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Staying Current with Legal Changes
Staying Current with Legal Changes
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Striking down
Striking down
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M v H
M v H
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Equality Rights
Equality Rights
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Protection Against Reprisal
Protection Against Reprisal
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Collective Bargaining
Collective Bargaining
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Unreasonable Standard of Review
Unreasonable Standard of Review
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Correctness Standard of Review
Correctness Standard of Review
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Administrative Agencies
Administrative Agencies
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Administrative Agencies' Role in Education
Administrative Agencies' Role in Education
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Administrative Agencies' Role in Administration
Administrative Agencies' Role in Administration
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Administrative Agencies as Information Providers
Administrative Agencies as Information Providers
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Role of Administrative Agencies in Workplace Regulation
Role of Administrative Agencies in Workplace Regulation
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Administrative Agencies' Educational Role
Administrative Agencies' Educational Role
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Study Notes
Part I: The Legal Framework
- 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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