Is Your Company Federally Regulated or Not? A Primer on the Derivative Jurisdiction Test
In this post, we'll talk about Ontario cases , Court of Appeal and Supreme Court decisions as to when will Ontario’s Presumptive Labour Jurisdiction be Displaced by Federal Labour law pursuant to the doctrine of derivative jurisdiction . Continue reading to learn more. 1. Introduction In Ontario, the Employment Standards Act governs non- union workers and the Labour Relations Act governs union workers. Employment Relationship in Ontario are also governed by numerous other Ontario employment law and labour relations related acts such as the Occupational Health and Safety Act , the Human Rights Code , and Ontario Common Law jurisprudence. In contrast, federally regulated businesses are governed by the Canada Labour Code , the Canadian Human Rights Act , and Federal Common Law doctrines. Click here to see the list of federally regulated business and a brief explanation of the Canada Labour Code . There are several significant differences between the two sets of labo...