EMPLOYMENT LAW

In Canada, the power to make laws is divided between the federal and provincial governments. In the area of employment law, the federal government only has jurisdiction over specific works and undertakings within exclusive federal constitutional jurisdiction, such as shipping, railways and banks. The vast majority of employment relationships, however, do not come within exclusive federal jurisdiction and are governed by the law of the province in which they are located. The general rule, therefore, is that the provinces have jurisdiction over employment matters generally, while the federal government has jurisdiction only in exceptional cases, in respect of specific works and undertakings. With the exception of Quebec, employment law is very similar from province to province. Only the laws of Ontario, Canada’s most populous province, will be addressed in this summary. Information respecting the laws of Quebec, Alberta and British Columbia is available through McMillan’s offices in Montreal, Calgary and Vancouver respectively.