Podcast
Questions and Answers
What is the primary restriction on federal employment law in Canada?
What is the primary restriction on federal employment law in Canada?
- It must conform to provincial laws.
- It is limited to industries of national importance. (correct)
- It exclusively governs unionized workplaces.
- It can only apply to public sector workers.
Which of the following acts is NOT a federal employment statute in Canada?
Which of the following acts is NOT a federal employment statute in Canada?
- Canada Labour Code
- Workers' Compensation Act (correct)
- Employment Equity Act
- Canadian Human Rights Act
What is a key feature of the Canadian Charter of Rights and Freedoms that influences employment law?
What is a key feature of the Canadian Charter of Rights and Freedoms that influences employment law?
- It guarantees equality rights in the workplace. (correct)
- It prohibits any form of employment termination.
- It provides absolute rights to all workers.
- It includes a specific section on employment law.
What does the legal principle of 'stare decisis' imply?
What does the legal principle of 'stare decisis' imply?
Which branch of common law deals specifically with contractual relationships in the employment context?
Which branch of common law deals specifically with contractual relationships in the employment context?
Which of the following best describes the nature of tort law in relation to employment?
Which of the following best describes the nature of tort law in relation to employment?
Which section of the Canadian Charter of Rights and Freedoms is known as the 'notwithstanding clause'?
Which section of the Canadian Charter of Rights and Freedoms is known as the 'notwithstanding clause'?
What is statute law primarily known for?
What is statute law primarily known for?
Which of the following best describes the historical role of employment statutes?
Which of the following best describes the historical role of employment statutes?
What is the process for a bill to become a statute in Ontario?
What is the process for a bill to become a statute in Ontario?
What does Royal Assent signify in the legislative process?
What does Royal Assent signify in the legislative process?
Which of the following is NOT listed as a key Ontario employment statute?
Which of the following is NOT listed as a key Ontario employment statute?
What type of legislation does the Employment Standards Act, 2000 represent?
What type of legislation does the Employment Standards Act, 2000 represent?
Who typically introduces a public bill in the legislative process?
Who typically introduces a public bill in the legislative process?
Which of the following statements is true regarding regulations?
Which of the following statements is true regarding regulations?
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Study Notes
Sources of Employment Law
- Statute law consists of laws passed by federal or provincial/territorial governments, affecting employee rights for both unionized and non-unionized workers.
- Employment statutes primarily set minimum standards for working conditions and include anti-discrimination provisions.
Creation of Statutes
- In Ontario and federally, a bill must pass three readings in the legislature to be enacted into statute.
- Public bills are introduced by Cabinet ministers, while private members' bills are proposed by private members on public matters.
Bill to Statute Process
- A bill becomes a statute after receiving Royal Assent.
- Regulations are rules established under a statute's authority, detailing specifics like minimum wages under the Employment Standards Act, 2000.
Key Ontario Employment Statutes
- Employment Standards Act, 2000
- Human Rights Code
- Labour Relations Act, 1995
- Occupational Health and Safety Act
- Workplace Safety and Insurance Act, 1997
- Pay Equity Act
- Accessibility for Ontarians with Disabilities Act, 2005
Federal Employment Law
- Governed by the Constitution Act, 1867, applying only to industries of national importance.
- Key federal statutes include:
- Canada Labour Code
- Canadian Human Rights Act
- Employment Equity Act
- Personal Information Protection and Electronic Documents Act (PIPEDA)
The Canadian Charter of Rights and Freedoms
- Formed part of the Constitution Act, 1982, impacting employment indirectly through government actions.
- Section 15 is pivotal for employment rights, while section 33 includes the notwithstanding clause.
Common Law
- Common law emerges from judicial decisions and operates on the principle of precedent (stare decisis).
- Higher court decisions bind lower courts in similar cases, although high courts may occasionally revise precedents.
Employment Law and Common Law Branches
- Two major branches impacting employment:
- Contract law governs employment relationships and outlines the terms for non-union employment.
- Tort law addresses civil wrongs, either deliberate or negligent, offering remedies for such acts.
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