Labor & Employment Law Overview -- British Columbia

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Category: Legal Article

Created: Feb 18 2002 - 13:52

Updated: Apr 11 2007 - 13:07

 
Employers in most Canadian provinces are governed by both legislation and the common law. The common law is "judge-made"; it continuously evolves based on past case law or "precedent". Quebec is unique in that its employers are subject to the civil law system, based on a comprehensive written code of rules. "Legislation" refers to laws written by government.

The Constitution of Canada divides legislative authority between the federal and provincial branches of government. Provinces have jurisdiction over education, municipal institutions and local works, etc., as well as "generally all matters of a merely local or private nature in the province". The majority of companies in Canada are provincially regulated. The federal Parliament governs banking, and the postal service and shipping, as well as other employers whose core Activities are cross-provincial. Airlines, railways and telecommunication companies generally fall within the federal sphere. Federally-regulated companies must abide by the common law and federal statutes. Provincially-regulated businesses are subject to the common law and provincial statutes. This paper addresses employment and labour laws relevant to employers governed by British Columbia provincial law.

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