Employment Rights for Federally-Regulated Employees

Employment Rights for Federally-Regulated Employees

The authority to make laws in Canada is split between the federal and provincial governments. Generally speaking, the employment relationship of most Ontario workers is subject to provincial laws such as the Employment Standards Act. A limited number of Ontario employees, however, work in industries over which the federal government has jurisdiction, and consequently sets the law. The federal equivalent of the Employment Standards Act is the Canada Labour Code. Federal jurisdiction applies to many Ontario workers employed in the following industries:

 

    Federal or Provincial? Employment and Labour Law Jurisdiction for First Nations Employers

    One of the most complicated legal questions for employers is whether their operations are regulated by federal or provincial workplace rules. The answer to this question can have broad implications for employers, as the requirements of provincial workplace laws can differ considerably from their federal counterparts. The confusion over jurisdiction stems from Canada's division of powers between its varying levels of government. While the Constitution Act, 1867 (the "Constitution") does provide a helpful list of federal and provincial powers it is far from complete.

    First Nations employers (this term is used here in a broad sense) in Canada have had a particularly tough time on the jurisdictional front. At first glance, the Constitution provides the federal government power over "Indians, and Lands reserved for the Indians." But at the same time, the Constitution is silent on which level of government is responsible for labour and employment issues. Had the founding fathers of Confederation been clearer on this point, it would have spared lawyers and employers a lot of future pain.

    Employees in Disguise: Are You Truly an 'Independent Contractor'?

    The Ontario economy has been hit hard over the past several years. As such, many employers have sought ways to reduce workforce-associated costs. One common tactic has been to replace employees with contractors. Four significant and cost-limiting changes result when an independent contractor, rather than an employee, is engaged.