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Topic 7: Federal HRM Laws and Legal Issues Canada: Labour Management and Employment Standards As noted in Topic 6, some businesses are regulated by Ontario law and some businesses are regulated by federal law. Today we focus on federally regulated businesses. In Canada , at a federal level, Human Rights are enacted through the Canadian Human Rights Act (CHRA) . Employment Standards are enacted through the Canada Labour Code (CLC) . Answer the following questions: 1. What types of businesses are federally regulated? (we started this on the intro worksheet using logos) Those, and others, can be found here! https://www.canada.ca/en/employment-social-development/programs/employme nt-equity/regulated-industries.html ● air transportation ● banks ● First Nations band councils and Indigenous self-governments (certain activities) ● most federal Crown corporations, for example, Canada Post Corporation ● port services, marine shipping, ferries, tunnels, canals, bridges and pipelines (oil and gas) that cross international or provincial borders ● postal and courier services ● radio and television broadcasting ● railways that cross provincial or international borders and some short-line railways ● road transportation services, including trucks and buses, that cross provincial or international borders ● telecommunications, such as, telephone, Internet, telegraph and cable systems EXAMPLE OF A FEDERALLY REGULATED INDUSTRY: 1) Mi’kmaq First Nations lobster fishing Sept 2021 - https://globalnews.ca/news/8204388/liberals-fishery-dispute-mikmaw-lawyer/ Oct 2022 - https://www.ctvnews.ca/climate-and-environment/we-tried-it-your-way-it-didn-t-wo rk-first-nation-calls-on-ottawa-to-end-fisheries-dispute-1.6133097 ISSUES : -Indigenous fishing Treaty Rights (federally regulated) “outside of the federally regulated season” (the last Monday in November - May 31st) in order to earn a “moderate livelihood” -the Department of Fisheries and Oceans Canada (DFO) says the meaning of a “moderate livelihood” must be settled through negotiations with Indigenous

peoples and claims that the lobster fishing is illegal and affects lobster “conservation” -Various First Nations fishermen refuse to not harvest lobster outside of the commercial fishing season and for years, have been setting traps months before the start of the season for Lobster Fishing Area (LFA) 34 off the cost of Nova Scotia; meanwhile, the DFO comes along and removes their lobster traps 2. What is the Canadian Human Rights Act ( CHRA )? http://laws-lois.justice.gc.ca/eng/acts/h-6/page-1.html The CHRA states that “ all individuals should have an opportunity equal with other individuals…without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. ” Canadian Human Rights complaints are handled by the Canadian Human Rights Commission tribunal (court). https://www.chrc-ccdp.gc.ca/en/about-human-rights/human-rights-canada “ The Commission works with federally regulated employers to ensure they are preventing discrimination and promoting inclusion through proactive compliance with these laws. This contributes to the elimination of employment barriers and wage discrimination in federally regulated workplaces for women, Indigenous peoples, people with disabilities and racialized groups. ” The CHRA is the equivalent of the provincial legislation entitled ___________________. EXAMPLES: 1) March 1990 - RCMP sikhs and dress code (turbans) based on "religious" grounds https://www.cbc.ca/player/play/939678787893 https://www.youtube.com/watch?v=PqZoJ9H0rGA 2) May 2014 - Canadian Border Services Agency (child care) based on "family status" grounds https://toronto.citynews.ca/2014/05/07/customs-officer-entitled-to-fixed-shifts-due -to-child-care-appeal-court-rules/ https://www.ciu-sdi.ca/representation/duty-accommodate-johnstone-decision/ 3. Under Federal Law we have “Equal Wages Guidelines” (also called Pay Equity) in the Canadian Human Rights Act (CHRA). https://laws-lois.justice.gc.ca/eng/acts/H-6/page-1.html?txthl=wages+equal#s-11

The Equal Wages Guidelines is the equivalent of the provincial legislation found in the Pay Equity Act of Ontario AND in the _____________________________. EXAMPLE 1) July 2012 - Public Service Nurses filed lawsuit on grounds of gender inequality related to pay - https://www.cbc.ca/news/canada/ottawa/gender-equality-case-nets-nurses-150m -1.1257925 4. What is the Canada Labour Code? https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards.html Part I of the Canada Labour Code deals with negotiations, strikes and lockouts. Part II of the Canada Labour Code deals with Health and Safety in the workplace. Part III talks about federal labour standards. These set out the employment conditions for hours of work, payment of wages, leaves, vacation, holidays, and more. The Canada Labour Code is the equivalent of the provincial Act/Law entitled _____________________________. EXAMPLE of PART I - NEGOTIATIONS, STRIKES and LOCKOUTS 1) November 2018 - Canadian Union of Postal Workers rotating strikes https://globalnews.ca/news/4580638/canada-post-rotating-strike-what-to-know/ (outcome? -legislated back to work by the Senate) ISSUES?: -health and safety, job security and forced overtime -working conditions - there are more parcels than letters -pay disparities between rural/suburban mail carriers (paid by the route size; more women than men; earn less than urban workers) and urban/city mail carriers (paid by the hour; more men than women; earn more than rural carriers) *there is also the Federal Public Sector Labour Relations Act that covers the next example 2) April 2023 - 153,000 Federal Public Servants on strike *one of the largest strikes in Canadian history https://ottawacitizen.com/news/local-news/everything-you-need-to-know-about-th e-2023-public-service-strike ISSUES?: -wages increase (Public Service Alliance of Canada union workers want 4.5% increase over 3 years; the Union of Taxation Employees at the Canada Revenue Agency want between 4.5% and 8% annually, plus a one-time 9% increase) -remote work contract “language” -job security

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5. Drug testing and the law – what does the law tell us about an employer that administers drug testing to its employees? -The Canadian Human Rights Act prohibits discrimination on the basis of disability and perceived disability. Disability includes those with a previous or existing dependence on alcohol or a drug. -If an employee has a drug or alcohol addiction problem, the company must reasonably accommodate the individual. For example: -pay for drug or alcohol rehab -offer an alternative job if the original job is no longer available or if there is a safety sensitive component -Random drug and alcohol testing (in non-safety sensitive positions) is prohibited (not allowed). -Random alcohol testing (in a safety sensitive position) is allowed IF a bona fide occupational requirement to NOT be impaired in order to perform a job. Random drug testing is not as accurate or timely so has generally been prohibited…until Suncor vs. Unifor case. EXAMPLE 1) 2012 through to 2018 - Suncor vs. Unifor union https://www.hrreporter.com/news/hr-news/suncor-union-agree-to-random-drug-te sting/298895 -Suncor established that there was a general problem with drug and/or alcohol use at the workplace, not just for unionized employees. It also said the testing was a bona fide requirement to ensure workplace safety.

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