The question of whether federal or provincial law applies to an organization is important, complex and highly fact specific. This session will help you knowledgeably and systematically assess your situation to make this determination.
- How getting the jurisdictional question “wrong” can lead to costly regulatory violations.
- How federal and provincial courts decided which law should apply in the past: Broad versus restrictive approaches
- How your jurisdiction can be considered, Courts, Tribunals, workplace safety and more.
- How determining whether First Nations employers are provincially or federally regulated determines statutory obligations under labour standards, occupational health and safety, human rights, labour relations and other legislation
- Supreme Court of Canada’s decision in NIL/TU,O Child and Family Services Society and the B.C. Government and Service Employees’ Union, et al
- Presumption that labour relations falls under provincial jurisdiction
- 2-step test for displacing the presumption
- Important recent determinations, including inter-provincial trade and telecommunicationsNelson v. Lower Stl/Atl’mxTribal Council: Fiduciary duties to give First Nations’ peoples the rights pursuant to the laws of Canada, in this case the right to reinstatement
- Functions that fall under federal jurisdiction
- When an employer is located on reserve land and its function is to manufacture products or operate retail businesses, it would be governed by provincial laws
- Examples of where First Nations operations were found to be federally regulated
- Examples where First Nations operations are provincially regulated