IRE244 Legal (Comprehensive)
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BNA Act (british north american act of 1876) - gave provinces authority over property and civil
rights and federal govt responsibility for peace order and
good government (i.e. POGG power)
- Residual powers not specified in BNA Act were assumed to be
provincial.
What type of legislation did not exist when the BNA Act was passed in 1867? - Employment
legislation
What act did the Canadian government pass in 1872 to legalize unions? - Trade Unions Act
What was the purpose of the Industrial Disputes Investigation (IDI) Act passed in 1907? - To
require conciliation before a strike
Snider Case Argument - federal government did not have jurisdiction to apply the Act
to municipal employees or enact law affecting civil rights
What was the important result of the Snider Case regarding labour relations and employment
law? - They became provincial responsibility, apart from a few well-defined federal sectors.
Provincial Jurisdiction - Provinces given responsibility for property and civil rights which the
courts interpreted to include employment legislation
- 90% of employees in Canada are under provincial
jurisdiction
, Federal Jurisdiction - Federal govt has jurisdiction over certain industries which
are interprovincial in nature or of national significance
- Includes federal govt employees and employees in banking, communications (TV, radio, post
office), interprovincial transportation (airlines, railroads), atomic energy, etc.
- Covers 10% of employees in Canada
Issue of whether employment legislation should be federal or provincial - - Most recently during
the COVID-19 crisis, the leader of the NDP called on the Liberal government to step in and take
control of what is now a provincially run system of elder nursing homes
Advantages of employment legislation being
provincial - - Provincial allows regional for variation in prov values
- Provincial allows for experimentation across
provinces
Disadvantages of employment legislation being
provincial - Provincial creates admin problems for organizations operating in more than one
province
What does Common Law of Employment apply to? - Individual employment contracts in the
absence of legislation
How is Common Law of Employment inferred? - From past court cases (i.e. legal jurisprudence)
Statutory Law - Legislation that applies to all employees, both union and nonunion.
Exam Vault 2025 | Real Practice Questions with Correct Answers | 100%
Accurate!!
BNA Act (british north american act of 1876) - gave provinces authority over property and civil
rights and federal govt responsibility for peace order and
good government (i.e. POGG power)
- Residual powers not specified in BNA Act were assumed to be
provincial.
What type of legislation did not exist when the BNA Act was passed in 1867? - Employment
legislation
What act did the Canadian government pass in 1872 to legalize unions? - Trade Unions Act
What was the purpose of the Industrial Disputes Investigation (IDI) Act passed in 1907? - To
require conciliation before a strike
Snider Case Argument - federal government did not have jurisdiction to apply the Act
to municipal employees or enact law affecting civil rights
What was the important result of the Snider Case regarding labour relations and employment
law? - They became provincial responsibility, apart from a few well-defined federal sectors.
Provincial Jurisdiction - Provinces given responsibility for property and civil rights which the
courts interpreted to include employment legislation
- 90% of employees in Canada are under provincial
jurisdiction
, Federal Jurisdiction - Federal govt has jurisdiction over certain industries which
are interprovincial in nature or of national significance
- Includes federal govt employees and employees in banking, communications (TV, radio, post
office), interprovincial transportation (airlines, railroads), atomic energy, etc.
- Covers 10% of employees in Canada
Issue of whether employment legislation should be federal or provincial - - Most recently during
the COVID-19 crisis, the leader of the NDP called on the Liberal government to step in and take
control of what is now a provincially run system of elder nursing homes
Advantages of employment legislation being
provincial - - Provincial allows regional for variation in prov values
- Provincial allows for experimentation across
provinces
Disadvantages of employment legislation being
provincial - Provincial creates admin problems for organizations operating in more than one
province
What does Common Law of Employment apply to? - Individual employment contracts in the
absence of legislation
How is Common Law of Employment inferred? - From past court cases (i.e. legal jurisprudence)
Statutory Law - Legislation that applies to all employees, both union and nonunion.
