Ontario Hydro V Ontario (Labour Relations Board)
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Ontario Hydro V Ontario (Labour Relations Board)
''Ontario Hydro v Ontario (Labour Relations Board)'', 9933 S.C.R. 327 is a leading constitutional decision of the Supreme Court of Canada on the federal declaratory power and the peace, order and good government power under the ''Constitution Act, 1867''. The Court held that the regulation of relations between Ontario government and employees of a nuclear power plant was under federal jurisdiction under the federal declaratory power of section 92(10)(c) of the ''Constitution Act, 1867'', and the national concern branch of the peace, order and good government. Background Ontario Hydro is a power generating corporation owned by the Ontario government. Among their power generating plants include five nuclear generators. These nuclear plants fall under the jurisdiction of the federal ''Atomic Energy Control Act''. Section 18 of that Act provides that all works and undertakings "constructed for the production, use and application of atomic energy" are works that are "for the general adv ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Section 92(10) Of The Constitution Act, 1867
Section 92(10) of the ''Constitution Act, 1867'', also known as the works and undertakings power, grants the provincial legislatures of Canada unless otherwise noted in section (c), the authority to legislate on: Section 92(10)(a) and (b) grants federal jurisdiction over modes of interprovincial and international transportation and communication, leaving intraprovincial transportation and communication to the provinces. The legal interpretation ''ejusdem generis'' limits the scope of the exceptions to subsection 92(10). The declaratory power conferred to the federal parliament under 92(10) c) however, applies to works of all types. The Parliament of Canada exercises authority over these three matters under section 91(29), which states: Extent of jurisdiction The Judicial Committee of the Privy Council held that: * "These works are physical things not services." * "'Undertaking' is not a physical thing but is an arrangement under which of course physical things are used."''Radi ...
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Peace, Order And Good Government
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa. It is often contrasted with "life, liberty and the pursuit of happiness", a spiritually analogous phrase found in the US Declaration of Independence. Background Legal documents often contain a residual clause which expresses which entity will have authority over jurisdictions that have not otherwise been delineated or are in dispute. While specific authorities are often enumerated in legal documents as well, the designation of a residual power helps provide direction to future decision-makers and in emerging issue areas. At its origin, the preferred phrase was "peace, ''welfare'' and good government," but ...
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Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ...
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Nuclear Power Plant
A nuclear power plant (NPP) is a thermal power station in which the heat source is a nuclear reactor. As is typical of thermal power stations, heat is used to generate steam that drives a steam turbine connected to a electric generator, generator that produces electricity. , the International Atomic Energy Agency reported there were 422 nuclear power reactors in operation in 32 countries around the world, and 57 nuclear power reactors under construction. Nuclear plants are very often used for base load since their operations, maintenance, and fuel costs are at the lower end of the spectrum of costs. However, building a nuclear power plant often spans five to ten years, which can accrue to significant financial costs, depending on how the initial investments are financed. Nuclear power plants have a carbon footprint comparable to that of renewable energy such as photovoltaic power station, solar farms and wind farms, and much lower than fossil fuels such as gas-fired ...
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Ontario Hydro
Ontario Hydro, established in 1906 as the Hydro-Electric Power Commission of Ontario, was a publicly owned electricity utility in the Province of Ontario. It was formed to build transmission lines to supply municipal utilities with electricity generated by private companies already operating at Niagara Falls, and soon developed its own generation resources by buying private generation stations and becoming a major designer and builder of new stations. As most of the readily developed hydroelectric sites became exploited, the corporation expanded into building coal-fired generation and then nuclear-powered facilities. Renamed as "Ontario Hydro" in 1974, by the 1990s it had become one of the largest, fully integrated electricity corporations in North America. Origins The notion of generating electric power on the Niagara River was first entertained in 1888, when the Niagara Parks Commission solicited proposals for the construction of an electric scenic railway from Queenston to ...
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Atomic Energy Control Act
Atomic may refer to: * Of or relating to the atom, the smallest particle of a chemical element that retains its chemical properties * Atomic physics, the study of the atom * Atomic Age, also known as the "Atomic Era" * Atomic scale, distances comparable to the dimensions of an atom * Atom (order theory), in mathematics * Atomic (cocktail), a champagne cocktail * ''Atomic'' (magazine), an Australian computing and technology magazine * Atomic Skis, an Austrian ski producer Music * Atomic (band), a Norwegian jazz quintet * ''Atomic'' (Lit album), 2001 * ''Atomic'' (Mogwai album), 2016 * ''Atomic'', an album by Rockets, 1982 * ''Atomic'' (EP), by , 2013 * "Atomic" (song), by Blondie, 1979 * "Atomic", a song by Tiger Army from '' Tiger Army III: Ghost Tigers Rise'' See also * * * Atom (other) * Atomicity (database systems) * Nuclear (other) * Atomism, philosophy about the basic building blocks of reality * Atomic City (other) * Atomic formula, a ...
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Canada Labour Code
The ''Canada Labour Code'' (french: Code canadien du travail) (the Code) is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards. Generally speaking, the Code only applies to those industries in which the federal government has jurisdiction instead of the provinces. These industries include: broadcasting, telecommunications, chartered banks, postal service, airports and air transportation, shipping and navigation, interprovincial or international transportation (i.e., road, railway, ferry or pipeline). It also applies to businesses in the Territories, on First Nations reserves, and certain Crown Corporations. It also applies to the Royal Canadian Mounted Police (RCMP) and the military, and those covered under the (now repealed) ''Public Service Staff Relations Act (RS 1985, c. P-35)'' or its ...
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Canada Industrial Relations Board
The main responsibility of the Canada Industrial Relations Board (CIRB) is to interpret and administer the Industrial Relations and Occupational Health and Safety sections of the Canada Labour Code. The CIRB also contributes to promote effect industrial relations to any work, undertaking or business that falls under the authority of the Parliament of Canada. Jurisdiction The CIRB's jurisdiction is in regard to about a million employees who are engaged in industries under federal jurisdiction. The sectors under federal jurisdiction include inter-provincial transportation, broadcasting, banking, longshoring, and grain-handling. Also, the CIRB's jurisdiction is private sector employees in Northwest Territories, Yukon, and Nunavut. If an employee or employer is not in this jurisdiction then they may fall under the jurisdiction of their provincial industrial relations board. CIRB is responsible for the interpretation and administration of Part II (Professional Relations) of the ...
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Ontario Labour Relations Board
The Ontario Labour Relations Board is an adjudicative agency of the Ministry of Labour, Training and Skills Development and was established by the Ontario government in 1948. It defines itself as "an independent, quasi-judicial tribunal mandated to mediate and adjudicate a variety of employment and labour relations-related matters under a number of Ontario statutes". Its current (2022) chair is Brian O'Byrne. Role The Board deals with many types of applications relating to labour relations within the province of Ontario. Most cases at the OLRB involve either the Labour Relations Act, the Occupational Health and Safety Act, or the Employment Standards Act. One of the most important powers of the Ontario Labour Relations Board is the ability to certify trade unions as collective bargaining agents. The Board is also in charge of the union formation, termination and decertification. It also commonly deals with claims of unfair labour practices, occupational health and safety repri ...
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Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ...
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List Of Supreme Court Of Canada Cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada to his retirement. 19901994 19951999 See also * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1990-2000) ...
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