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Difference between revisions of "Preliminary Matters for Employment Law (9:IV)"

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(Created page with "{{LSLAP Manual TOC|expanded = employment}} == A. Determine Jurisdiction == The jurisdiction in which the employee is covered determines whether provincial or federal legisla...")
 
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=== 1. Federal or Provincial Jurisdiction ===
=== 1. Federal or Provincial Jurisdiction ===


The large majority of employees fall under provincial jurisdiction. Employees will fall under federal jurisdiction if they are employed in connection with any federal work, undertaking, or business that is within the legislative authority of Parliament, or if they work for certain federal crown corporations. This can be a complicated constitutional question, but generally, areas of business that are federally regulated include: Shipping and navigation, including the operation of ships and transportation by ship anywhere in Canada Interprovincial or international transportation (for example, truck, rail, ferry, or shipping routes that cross a provincial or international border) Telecommunications companies, such as cell phone, cable, or internet providers Airports and air transportation, including any airline companies Radio broadcasting stations Banks (but not credit unions) Businesses located on First Nations reserves Other areas listed in section 91 of the Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5.
The large majority of employees fall under provincial jurisdiction.  
 
Employees will fall under federal jurisdiction if they are employed in connection with any federal work, undertaking, or business that is within the legislative authority of Parliament, or if they work for certain federal crown corporations. This can be a complicated constitutional question, but generally, areas of business that are federally regulated include:  
*Shipping and navigation, including the operation of ships and transportation by ship anywhere in Canada  
*Interprovincial or international transportation (for example, truck, rail, ferry, or shipping routes that cross a provincial or international border)  
*Telecommunications companies, such as cell phone, cable, or internet providers  
*Airports and air transportation, including any airline companies  
*Radio broadcasting stations  
*Banks (but not credit unions)  
*Businesses located on First Nations reserves  
*Other areas listed in section 91 of the ''Constitution Act'', 1867 (UK), 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5.