Test Your Employment Law Knowledge
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Questions and Answers

Which level of government has jurisdiction over labour relations in Canada?

  • Municipal government
  • Provincial government (correct)
  • Federal government
  • Territorial government
  • Which of the following is NOT an explicit exception to the provincial jurisdiction rule?

  • Labour relations in banks
  • Labour relations in railways (correct)
  • Labour relations in federal enterprises directly related to a federal head of power
  • Labour relations between the federal government and federal employees
  • Which of the following is an implicit exception to the provincial jurisdiction rule?

  • Labour relations in telecommunications
  • Labour relations between the federal government and federal employees
  • Labour relations in railways
  • Labour relations in criminal law (correct)
  • Under what circumstances can the federal government temporarily suspend the application of normal labour relation rules?

    <p>During a state of national emergency</p> Signup and view all the answers

    According to the Canadian Constitution, which of the following is true?

    <p>The provincial governments have jurisdiction to legislate in matters of property and civil rights.</p> Signup and view all the answers

    What happens when a legislative subject matter is not included in the heads of power listed in section 91 and 92 of the Canadian Constitution?

    <p>Neither the federal nor provincial governments can legislate in that area.</p> Signup and view all the answers

    What is the consequence if a provincial government tries to legislate in the area of criminal law?

    <p>The law would be considered ultra vires.</p> Signup and view all the answers

    According to the Canadian Constitution, which level of government has jurisdiction to legislate in matters of criminal law?

    <p>The federal government</p> Signup and view all the answers

    What is the consequence if a provincial government tries to legislate in the area of criminal law?

    <p>The law would be considered ultra vires or unconstitutional</p> Signup and view all the answers

    What happens when a legislative subject matter is not included in the heads of power listed in section 91 and 92 of the Canadian Constitution?

    <p>No government can legislate on that subject matter</p> Signup and view all the answers

    Which of the following is an explicit exception to the provincial jurisdiction rule?

    <p>Labour relations between federal government and federal employees</p> Signup and view all the answers

    Under which circumstances can a provincially regulated enterprise become federally regulated?

    <p>If it becomes an integral part of a federally regulated enterprise</p> Signup and view all the answers

    Which level of government has jurisdiction over labour relations in the telecommunications industry?

    <p>Federal government</p> Signup and view all the answers

    What is an implicit exception to the provincial jurisdiction rule?

    <p>Labour relations in criminal law</p> Signup and view all the answers

    Which level of government has jurisdiction over labour relations in the telecommunications industry?

    <p>Federal government</p> Signup and view all the answers

    Under what circumstances can the federal government temporarily suspend the application of normal labour relation rules?

    <p>During a state of national emergency</p> Signup and view all the answers

    What is an implicit exception to the provincial jurisdiction rule?

    <p>Criminal law</p> Signup and view all the answers

    According to the Canadian Constitution, which level of government has jurisdiction to legislate in matters of criminal law?

    <p>Federal government</p> Signup and view all the answers

    According to the Canadian Constitution, what happens when a legislative subject matter is not included in the heads of power listed in section 91 and 92?

    <p>The legislative subject matter is left unregulated</p> Signup and view all the answers

    Which level of government has jurisdiction to legislate in matters of criminal law according to the Canadian Constitution?

    <p>Federal government</p> Signup and view all the answers

    What happens when a provincial government tries to legislate in the area of criminal law?

    <p>The law is considered ultra vires or unconstitutional</p> Signup and view all the answers

    Study Notes

    Jurisdiction Over Labour Relations in Canada

    • Labour relations jurisdiction primarily lies with provincial governments, as stipulated in the Canadian Constitution.
    • Federal government governs labour relations in specific industries including telecommunications and interprovincial trade.

    Exceptions to Provincial Jurisdiction

    • Explicit exceptions to provincial jurisdiction include industries or matters that fall under federal authority such as banking and telecommunications.
    • Implicit exceptions arise when a matter is inherently national in scope or concerns interprovincial issues.

    Federal Government Powers

    • The federal government can temporarily suspend normal labour relation rules during national emergencies or crises for enhanced regulatory control.

    Legislative Subject Matters

    • When a legislative subject matter is not covered in sections 91 and 92 of the Canadian Constitution, it is deemed a residual power, often falling under provincial jurisdiction unless designated federal.

    Criminal Law Jurisdiction

    • Criminal law is exclusively under federal jurisdiction, preventing provinces from enacting legislation in this area.
    • If a provincial government attempts to legislate in criminal law, such laws can be deemed invalid or unconstitutional.

    Regulatory Status of Enterprises

    • A provincially regulated enterprise may become federally regulated if it engages in interprovincial activities or if it falls under federal law criteria.

    Telecommunications Industry Regulation

    • Labour relations in the telecommunications industry are governed by federal jurisdiction due to its national significance and interprovincial operations.

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    Quiz: Employment Law Test your knowledge on employment law with this quiz. Explore topics such as lectures, assessment criteria, and exam formats. Prepare for midterms and the final exam while gaining an understanding of the key concepts in employment law.

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