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?

Canadian Pension Plan Signup and view all the answers

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

Sets out guaranteed rights and freedoms affecting the workplace Signup and view all the answers

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

Provincial laws of the respective provinces where employees work Signup and view all the answers

Which of the following statements about credit unions is correct?

Most credit unions are provincially regulated due to not meeting the definition of a bank. Signup and view all the answers

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

It has no effect; regulation depends on the industry type. Signup and view all the answers

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

To enhance pay equity and transparency Signup and view all the answers

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

It became a statutory holiday in 2021 for federally regulated employees. Signup and view all the answers

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

They established a schedule for annual increases to the minimum wage. Signup and view all the answers

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

Reduction of minimum wage for workers under 18 Signup and view all the answers

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

The Alberta Occupational Health and Safety Act Signup and view all the answers

What does the Pay Transparency Act aim to prohibit?

Employers from asking job candidates about current salaries Signup and view all the answers

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

The BC Human Rights Commission Signup and view all the answers

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

Reduction of minimum wage for certain employees Signup and view all the answers

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

To serve as a source for federal and provincial statutes and regulations. Signup and view all the answers

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

The federal Department of Justice. Signup and view all the answers

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

Within two or three weeks. Signup and view all the answers

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

Legally focused sources such as newsletters and publications. Signup and view all the answers

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

British Columbia. Signup and view all the answers

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

The inclusion of sexual orientation in the human rights legislation Signup and view all the answers

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

It was not discriminatory towards any sexual orientation. Signup and view all the answers

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

It acknowledged the negative impact on homosexual individuals due to the omission. Signup and view all the answers

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

They were denied equal protection based on their sexual orientation. Signup and view all the answers

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

To add a category of protection that was previously omitted Signup and view all the answers

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

They can have serious consequences similar to explicit exclusions. 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?

Equality in treatment does not equate to equality in protection. Signup and view all the answers

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

The right to equal protection and benefit of the law without discrimination. Signup and view all the answers

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

Same-sex partners were recognized as spouses in legislation. Signup and view all the answers

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

British Columbia 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?

To provide financial support for spouses after relationship breakdowns. Signup and view all the answers

How did the Alberta government respond to the Vriend decision?

It explicitly prohibited discrimination based on sexual orientation. Signup and view all the answers

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

They were in a spousal relationship without marriage. Signup and view all the answers

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

They nullified parts of the existing legislation. Signup and view all the answers

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

The exclusion of same-sex couples from support payment provisions. Signup and view all the answers

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

If it is found to be unjustified and arbitrary Signup and view all the answers

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

Section 15 - Equality Rights 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?

Correctness standard Signup and view all the answers

What role do administrative agencies play within the administrative hierarchy?

Investigate complaints and provide policy guidelines Signup and view all the answers

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

Dunsmuir v. New Brunswick 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?

Issuing judicial orders for workplace violations Signup and view all the answers

What is the primary focus of the administrative agencies mentioned?

Educating employers and employees about workplace issues Signup and view all the answers

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

The ultimate decision made by the tribunal Signup and view all the answers

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

It recognizes tribunal expertise while allowing appeals Signup and view all the answers

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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Description

Test your knowledge on key aspects of Canadian employment law, including federal regulations and recent legislative changes. This quiz covers significant court rulings, the impact of incorporation status, and important acts like the Pay Transparency Act. Challenge yourself and ensure you're up to date on employment law in Canada.