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Difference between revisions of "Preliminary Matters for Employment Law (9:IV)"
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Preliminary Matters for Employment Law (9:IV) (view source)
Revision as of 01:14, 3 August 2017
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=== 1. Determine Federal or Provincial Jurisdiction === | === 1. Determine Federal or Provincial Jurisdiction === | ||
Federal Jurisdiction | '''Federal 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: | 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: | ||
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*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. | *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. | ||
In order to determine jurisdiction, look to the type of work done, as well as the employer’s area of business. It is important to note that a single employer could have both federally and provincially regulated employees. Although an employer may be subject to federal jurisdiction, it does not mean all of that employer’s employees will be governed by federal law. In some cases, additional research must be done to determine the employee’s jurisdiction. For additional details to assist in determining jurisdiction if a difficult case arises, see Actton Transport Ltd v British Columbia (Director of Employment Standards), 2008 BCSC 1495. | |||
Performing a BC Online company search may help determine jurisdiction. While not always determinative, a company search will provide information regarding whether the company is provincially registered, which may help determine jurisdiction. In addition, a company search will usually provide the company’s director and registered office information: | |||
http://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/technology-innovation-and-citizens-services/bc-registries-online-services | |||
Provincial Jurisdiction | '''Provincial Jurisdiction''' | ||
Employees who are not within the scope of federal legislation generally fall under provincial jurisdiction and accordingly their employment is governed by provincial legislation. | Employees who are not within the scope of federal legislation generally fall under provincial jurisdiction and accordingly their employment is governed by provincial legislation. | ||