IDRL 320 unit 3 exam questions and
answers8
How do the division of powers in Canada's Constitution affect the regulation of work? -
ANSWERS-Canada's constitution decentralizes Canadian law by dividing the legal system by
jurisdictions and providing those jurisdictions their own legislative powers. Provincial +
Territorial + Federal.
What is the difference between a statute and a regulation? - ANSWERS-Statutes are bills that
have been passed and enacted through the legislative process. Regulations are what provide
statutes with context/detail regarding the statute. Regulations are much easier to
implement/amend than statutes.
Example: Employment Standards Act states that employees must at least be paid minimum
wage. The regulation provides context as to what the minimum wage is and who this applies to.
Why must work regulation be interpreted broadly and generously in favour of employees? -
ANSWERS-When there are multiple interpretations of regulation in work law, the interpretation
that is more favourable to the employee should be applied. This is to help address the power
imbalance. There should be minimum exceptions to the regulation so it can cover as many
vulnerable workers as possible.
Who is authorized to interpret and enforce employment law in Canada? - ANSWERS-Inspectors
Arbitrators
Judges
Administrative Tribunals
Why were minimum wage regulations implemented, and what are some of the critiques of their
application? - ANSWERS-First implemented for women as they were seen as more susceptible to
, exploitation then eventually applied to men to prevent wage exploitation by employers which
was occurring when the market was functioning more freely.
Unions first thought that they would put downward pressure on higher wages that were
bargained + that people would no longer need unions
Some believe that minimum wage inflates wages that are detrimental to businesses and that
the market should be free of regulation.
Increased threat of employer mobility, to move to a location with less restrictions.
What are the key provisions regulating working time, and how did they evolve? - ANSWERS-
Maximum hours an individual can work, over time.
Statutory holidays
Vacation pay/time off
Breaks
Periods of rest between shifts
Minimum hours that must be paid if employee reports to scheduled work day regardless if they
end up working.
Evolved due to influence from collective bargaining regimes as this was something unions
fought for and often a term found in collective agreements. The 9 hour movement was
successful from 16 hour days to 9 and now 8.
answers8
How do the division of powers in Canada's Constitution affect the regulation of work? -
ANSWERS-Canada's constitution decentralizes Canadian law by dividing the legal system by
jurisdictions and providing those jurisdictions their own legislative powers. Provincial +
Territorial + Federal.
What is the difference between a statute and a regulation? - ANSWERS-Statutes are bills that
have been passed and enacted through the legislative process. Regulations are what provide
statutes with context/detail regarding the statute. Regulations are much easier to
implement/amend than statutes.
Example: Employment Standards Act states that employees must at least be paid minimum
wage. The regulation provides context as to what the minimum wage is and who this applies to.
Why must work regulation be interpreted broadly and generously in favour of employees? -
ANSWERS-When there are multiple interpretations of regulation in work law, the interpretation
that is more favourable to the employee should be applied. This is to help address the power
imbalance. There should be minimum exceptions to the regulation so it can cover as many
vulnerable workers as possible.
Who is authorized to interpret and enforce employment law in Canada? - ANSWERS-Inspectors
Arbitrators
Judges
Administrative Tribunals
Why were minimum wage regulations implemented, and what are some of the critiques of their
application? - ANSWERS-First implemented for women as they were seen as more susceptible to
, exploitation then eventually applied to men to prevent wage exploitation by employers which
was occurring when the market was functioning more freely.
Unions first thought that they would put downward pressure on higher wages that were
bargained + that people would no longer need unions
Some believe that minimum wage inflates wages that are detrimental to businesses and that
the market should be free of regulation.
Increased threat of employer mobility, to move to a location with less restrictions.
What are the key provisions regulating working time, and how did they evolve? - ANSWERS-
Maximum hours an individual can work, over time.
Statutory holidays
Vacation pay/time off
Breaks
Periods of rest between shifts
Minimum hours that must be paid if employee reports to scheduled work day regardless if they
end up working.
Evolved due to influence from collective bargaining regimes as this was something unions
fought for and often a term found in collective agreements. The 9 hour movement was
successful from 16 hour days to 9 and now 8.
