CH 1 Flashcards
(29 cards)
What are the three main sources of employment law in Canada?
Statute law, constitutional law and common law.
What is statute law?
a statute is a law passed by the federal or provincial government.
What is constitutional law?
the Canadian Charter of Rights and Freedoms: the supreme law of the land.
What is common law?
judge made laws; law that has developed over the years through court decisions.
what are statutes also called?
legislation, codes or acts.
Why are employment statutes passed?
usually passed because the government decides that employees require protections or rights beyond those that currently exist.
How are statutes made?
- a statute is first in the form of a written bill.
- A bill must pass three readings in the legislature to become a provincial statute in BC + AB.
- To become a federal statute, a bill must pass three readings in the House of Commons and must also be passed by the senate in Ottawa.
what are three types of bills?
public bills, private bills and private members bills.
What are the majority of bills of general application?
public bills
What are public bills?
they are introduced by the cabinet minister who is responsible for the relevant subject matter.
What are private bills?
cover non-public matters, such as changing corporate charters and so are of limited scope and relevance.
What are private members’ bill?
may deal with matters of public importance, but they are put forward by a private member of the legislature, not by a Cabinet minister. They do not have much of a chance of becoming a law.
What happens in the 3 readings of a bill?
- introduces the bill
- elected members of the legislative assembly debate the principles of the bill.
- goes to a committee of the legislature.
when does a bill become a statute?
once it receives royal assent.
How does a statute come into force?
- royal assent
- On a particular date.
- On proclamation.
What are two important notes of legislature interpretation?
jurisdiction, interpretation
Do municipalities have jurisdiction over employment?
No
How many employees in Canada does the federal government have control of?
6%
Why does the federal government have control of 6% of the employees in Canada?
They are in industries of national importance.1925 the Court ruled in Toronto Electric Commissioners v Snider
What are examples of jobs that the federal government has authority over?
banking, pipelines, telecommunications, railways, and transportation
What are 6 key statutes in BC/AB regarding employment?
the BC Employment Standards Act and the Alberta Employment Standards Code, BC/AB Human Rights Code/Act, the AB/BC Labour Relations Code, the BC Occupational Health and Safety Regulation and the Alberta Occupational Health and Safety Act, the BC Personal Information Protection Act and the Alberta Personal Information Protection Act
What is covered in the BC employment standards Act and the Alberta Employment Standards Act?
minimum rights and standards for employees, including minimum wages, overtime, hours of work, termination notice or termination pay, pregnancy and parental leave, vacation, and statutory holidays.
What is the BC/AB Human Rights Code/Act aimed at accomplishing?
aimed at promoting equity and preventing and remedying discrimination and harassment based on specified prohibited grounds.
What does the BC/Ab Labour Relations Code deal with?
with the right of employees to unionize and the collective bargaining process.
