Canadian labour law is that body of

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

which regulates the rights, restrictions, and obligations of trade unions, workers, and employers in Canada.

Regulatory framework

The federal, provincial, and territorial governments all regulate labour and employment law in Canada, with the federal government regulating a few particular

economic sectors One classical breakdown of economic activity distinguishes three sectors: * Primary: involves the retrieval and production of raw-material commodities, such as corn, coal, wood or iron. Miners, farmers and fishermen are all workers in the pr ...

and the provinces and territories regulating all others. The constitution
The Constitution Act, 1867

(U.K.), 30 & 31 Victoria, c. 3., §§91
92A, 94A, 95. gives exclusive federal jurisdiction over employment as a component of its regulatory authority for specific industries, including

banking A bank is a financial institution that accepts deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital markets. Because ...

, radio and TV broadcasting, inland and maritime navigation and shipping, inland and maritime fishing, as well as any form of transportation that crosses provincial boundaries (essentially

aviation Aviation includes the activities surrounding mechanical flight and the aircraft industry. ''Aircraft'' includes airplane, fixed-wing and helicopter, rotary-wing types, morphable wings, wing-less lifting bodies, as well as aerostat, lighter- ...

and

rail transport Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a prep ...

but not highways). Employment outside of federally regulated industries falls under provincial authority for most civil (including contract) law.
The Constitution Act, 1867

(U.K.), 30 & 31 Victoria, c. 3., §92.
/ref> Territories generally have similar powers as provinces but by those powers are delegated by federal statute (not constitutionally guaranteed), can be less extensive in scope, differ for each of the three territories, are subject to change accruing over time, and also interact to a large extent with Inuit, Métis and First Nations governments. Unless under federal jurisdiction, the laws which are in affect are those of the province or territory where the employment takes place (rather than the employee's home or the employer's head office). Canada's varied labour laws are a result of its

geography Geography (from Greek: , ''geographia''. Combination of Greek words ‘Geo’ (The Earth) and ‘Graphien’ (to describe), literally "earth description") is a field of science devoted to the study of the lands, features, inhabitants, an ...

historical History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the History of writing#Inventions of writing, invention of writing systems is considered prehistory. "History" is an umbr ...

, and

cultural Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups.T ...

variety. This expressed in law through the treaty-/land-based rights of individual indigenous nations, the distinct French-derived law system of Quebec, and the differing labour codes of each of the provinces and territories. In areas of exclusive provincial jurisdiction, each province (and increasingly each territory) has authority to regulate . So, for example,

education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...

( except education on First Nation reserves) and

municipal government A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...

are both subject to provincial legislation (the territories excepted). While Quebec's statutory environment is considerably different in many respects, most provinces and the federal Code all follow the standard of enterprise-based bargaining structures. They also share a certification process (the details of which differ somewhat from province to province) through which unions are recognized by the state as having the support of a majority of workers in a narrowly defined workplace. One feature common to all provincial and federal labour laws is the "

Rand Formula In Canadian labour law, the Rand formula (also referred to as ''automatic check-off'' and ''compulsory checkoff'') is a workplace compromise arising from jurisprudence struck between organized labour (trade unions) and employers that guarantees emp ...

". This legal concept allows employees in unionized workplaces to decline union membership, but requires them to pay the equivalent of basic union dues even if they decide not to be union members.

Strikes

The right of workers to strike and picket against their employer is constitutionally protected in Canada, according to a 2015 Supreme Court of Canada ruling.

Picketing

The law concerning the granting of

injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in p ...

s that limit

picketing Picketing is a form of protest in which people (called pickets or picketers) congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in (" crossing the pick ...

during strikes varies from province to province, and is largely

case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...

rather than statutory.Stephen Gleave et al, 2011
"The Labour Injunction in Canada".
/ref>

British Columbia

In 2002, the British Columbia government changed the Employment Standards Branch, replacing the investigation system that used to reply to labour law violations with an 18-page "Self-Help Kit" and mediation process. However, this has been criticized as changing the government's role "from enforcers of labour standards to being wage dispute resolvers." *'' Health Services and Support-Facilities Subsector Bargaining Association v British Columbia''

007 The ''James Bond'' series focuses on a fictional British Secret Service agent created in 1953 by writer Ian Fleming, who featured him in twelve novels and two short-story collections. Since Fleming's death in 1964, eight other authors have ...

*'' Fraser v. Ontario (Attorney General)''

011 The following is a list of different international call prefixes that need to be dialled when placing an international telephone call from different countries. Countries by international prefix Countries using optional carrier selection code ...

ref>''Ontario (Attorney General) v. Fraser''
2011 SCC 20

2 S.C.R. 3.

References

{{DEFAULTSORT:Canadian Labour Law Economy of Canada Labour law by country

Regulatory framework

Strikes

Picketing

British Columbia

See also

References