Employment Law Overview - Chapter 2 to 4

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Questions and Answers

What is a key outcome of the Alberta Ensuring Safety and Cutting Red Tape Act (2020)?

  • Increased fines for unsafe work conditions
  • Expanded grounds for refusing unsafe work
  • Decreased number of safety inspections
  • Narrowed grounds to refuse unsafe work (correct)

Which type of bill is most commonly introduced by a Cabinet minister in the legislature?

  • Special interest bill
  • Emergency bill
  • Private member's bill
  • Public bill (correct)

In the context of the legislative process, what happens after the first reading of a bill?

  • The bill is printed for public distribution
  • It is immediately voted on by the Senate
  • It goes to the Prime Minister for approval
  • Members debate the principles of the bill (correct)

What is the minimum number of readings a bill must pass in the House of Commons to become a federal statute?

<p>Three readings (C)</p> Signup and view all the answers

What type of law primarily governs employment matters in most provinces?

<p>Provincial laws (C)</p> Signup and view all the answers

What is the primary goal of the BC Pay Transparency Act?

<p>To address systemic discrimination in compensation (C)</p> Signup and view all the answers

Which of the following acts provides a framework for health and safety in Alberta?

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

Why do most employees in British Columbia and Alberta fall under provincial rather than federal employment law?

<p>Federal government authority is limited to federally regulated industries (C)</p> Signup and view all the answers

What do the BC and Alberta Workers’ Compensation Acts primarily provide?

<p>No-fault insurance plans for work-related injuries (D)</p> Signup and view all the answers

Which of these federal acts does NOT cover pay equity concerns?

<p>BC Personal Information Protection Act (A)</p> Signup and view all the answers

Which of the following best describes the principle of 'substantive equality' as outlined in section 15 of the Charter?

<p>It examines the effects of laws and actions on disadvantaged groups. (C)</p> Signup and view all the answers

What significant change did the Charter introduce regarding courts' ability to review legislation?

<p>Courts could now strike down laws based on constitutional rights violations. (D)</p> Signup and view all the answers

Which statement reflects the limitation set by section 15(2) of the Charter?

<p>It permits laws designed to benefit individuals from historically disadvantaged backgrounds. (A)</p> Signup and view all the answers

In the context of the Charter, what does 'analogous grounds' refer to?

<p>Comparative categories of discrimination recognized by courts. (B)</p> Signup and view all the answers

Before the introduction of the Charter, on what basis could courts invalidate a law?

<p>When legislative bodies exceeded their authority. (D)</p> Signup and view all the answers

Flashcards

Public Bill

A type of legislation introduced by a Cabinet minister responsible for a specific subject matter.

First Reading

The first stage of the legislative process where a bill is introduced to the legislature.

Second Reading

The second stage of the legislative process where the elected members of the legislature debate the principles of the bill.

Legislative Committee

A group of legislators who review a bill before it goes to the full legislature for a vote.

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Three Readings

A bill must successfully pass three readings in the legislature to become a provincial statute.

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BC Occupational Health and Safety Regulation & Alberta Occupational Health and Safety Act

These acts outline requirements for safe workplaces, preventing injuries and accidents.

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BC Workers Compensation Act & Alberta Workers’ Compensation Act.

These acts provide no-fault insurance for work-related injuries and diseases. They allow employers to limit their financial exposure by collectively funding the costs of workplace accidents.

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BC Personal Information Protection Act & Alberta Personal Information Protection Act

These acts establish rules for private sector employers concerning the collection, use, and disclosure of employee information.

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BC Pay Transparency Act

This act aims to address pay inequity and systemic discrimination by requiring companies to disclose salary ranges for specific roles.

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Canada Labour Code

This federal statute covers employment standards, collective bargaining, and health and safety for employees in nationally regulated companies like banks and airlines.

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What is the Charter of Rights and Freedoms?

The Charter of Rights and Freedoms is a fundamental document in Canadian law that guarantees essential rights and freedoms to all Canadians. It ensures that all citizens are treated equally and fairly before the law, with protection against discrimination based on various grounds.

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How does the Charter affect other laws?

The Charter of Rights and Freedoms is considered the supreme law of Canada, meaning that all other laws must comply with its principles. If any law is found to violate the Charter, a court can strike down (invalidate) all or part of it.

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How has the Charter changed the role of courts?

The Charter has significantly expanded the role of courts in reviewing legislation. Before the Charter, they could only overturn laws based on lack of legislative authority. Now, they can also assess laws against the Charter's principles.

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What is the significance of Section 15 in the Charter?

Section 15 of the Charter guarantees the right to equality before and under the law. It prohibits discrimination based on specific grounds like race, religion, sex, and disability, but also acknowledges the need for programs addressing disadvantages.

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What is the difference between 'formal' and 'substantive' equality?

The Charter promotes 'substantive equality', meaning that laws and government actions are evaluated not just by their intent, but also their actual effect on different groups. This ensures real equality, not just formal equality.

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Study Notes

  • This textbook provides an overview of employment law concepts, statutes, how law evolves, and the role of judges and administrative tribunals.
  • Workers in Alberta and British Columbia are protected by different laws based on location, type of work, and employment classification (employee, contractor, unionized/non-unionized).
  • Federal laws apply to certain industries, while others are governed by provincial legislation.
  • Chapter 2 discusses judge-made employment law ("common law"), reviewing differences between employees and independent contractors.
  • Chapter 3 explores labor relations codes, covering unionization, collective bargaining, strikes, and employer-union relations.
  • Chapter 4 examines the Canada Labour Code, protecting employees in nationally-important industries (transportation, telecommunications, banking, etc.). This code addresses union and non-union workplaces, occupational health and safety, and minimum employment standards.

Overview of Employment Law (Page 3)

  • Learning outcomes include reviewing the sources of employment law, how employment law changes, distinguishing between provincial/federal jurisdiction, the relevance of the Canadian Charter of Rights and Freedoms, reviewing employment-related statutes in BC and Alberta, understanding how judicial and administrative systems interpret the law, and identifying relevant case law.

Sources of Employment Law (Page 4)

  • Employment law in Canada stems from statute law (passed legislation), constitutional law (specifically, the Charter), and common law (judge-made law).
  • The importance of each source depends on the specific area of employment law under consideration.
  • Statutes are laws created and passed by the federal or provincial government, often called legislation or acts.
  • Statutes are passed to protect employees or provide them with rights exceeding existing protections (minimum wage and vacation time, anti-discrimination).

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