Canadian Employment Law/Introduction

Jurisdiction
Authority to govern employment relationships is vested in federal and provincial parliaments. According to s. 91 of the Constitution the federal Parliament has power to regulate the following relevant, non-exhaustive areas: trade and commerce; postal service; navigation and shipping; banking; telecommunication; uranium mining and processing; railways; and ferries between provinces or other countries. A more complete list can be viewed on the Employment and Social Development Canada website. As a result, individuals employed by companies which primarily fall under federal jurisdiction are governed by the Canada Labour Code and related federal legislation and regulations. Provinces, however, have the power to regulate Property and Civil Rights in the Province which is an expansive power allowing provinces to regulate employment relationships that do not fall into the federal sphere.

Provincial employment laws differ only slightly by province. Rules differ among the provinces, they may have different public holidays, longer paid vacations or different coverage for personal leaves. Quebec, on the other hand, differs considerably from other provinces because Quebec follows the Continental European civil law tradition rather than the British common law tradition governing the rest of Canada. This book is largely inapplicable to Quebec employment law.

According to the Federal government 6% of all Canadian employees are subject to Federal labour standards, while the remaining portion, approximately 94%, are subject to provincial jurisdiction.

Employment Standards Legislation
Each provincial legislature and the federal Parliament has enacted legislation that governs the employment relationship. As previously mentioned, the Canada Labour Code applies to federal employees. Provincially regulated employees fall under one of the following legislative enactments:

Related Legislation
Although this book focuses primarily on employment law, employment relationships in Canada are also governed by other legislation which need to be taken together to form a complete picture. Besides legislation on employment standards, found in the table above, employment relationships are also be governed by legislation covering occupational health and safety (OHSA), human rights, labour relations and workers' compensation. Far beyond the scope of this book, privacy legislation, international treaties, immigration laws and a myriad of other laws may also impact the employment relationship.

Jurisprudence
Employment law in Canada is characterized by both legislative and judicial action. Many concepts directly related to the employment relationship, including the very existence of the relationship, is dependent on judicial precedent from the 19th century onward. For example, whether a worker is properly classified as an employee or an independent contractor depends on reviewing case law. Whether an employee is eligible for common law reasonable notice of termination and how much notice they are entitled to also depends on precedent jurisprudence. A holistic understanding of employment law requires an understanding of statute and case law for completeness.