Federal Laws: applies to everyone who resides in Canada
Provincial Laws: handled at a provincial level
Common Law, Contract Law and Gov’t regulations can also have an impact on HR
Common Law : our body of law that has developed from judicial decisions
Ex. Establishes the basic employee – employer relationship of trust
Contract Law: relates to legal and binding agreements
governs a person engaged in a fee for service activity for a company
Gov’t regulations called Statutory laws
Example creates employment conditions such as providing minimum wage or holiday with
Federal employment laws
For companies that are federally regulated there are 2 basic employment laws:
1. Canada Labour Code: covers basic employment conditions, labour relations and health and
safety in the federal sector.
The Canada Industrial Relations Board administers this law
2. Canadian Human RightsAct
administered by Canadian Human rights Commission which makes decisions on complaints’
involving discrimination and harassment.
There are 2 primary laws of privacy legislation:
1. Personal Information Protection and Electronic DocumentsAct (PIPEDA)
applies to only federally regulated companies 2. The personal Information PrivacyAct
extends the federal legislation to provinces and businesses within the provinces.
Both acts enhance the protection granted to employees on their personal info that a company
maintains. Organizations can use info only for its intended purpose and can no longer collect
info without disclosing its full use.
Human Rights Legislation
Prohibits discrimination on the basis of race, religion, gender, age, national or ethnic origin,
disability or family or marital status
Provincial human rights legislation also covers sexual orientation
Systemic discrimination: the exclusion of members of certain groups through the application
of employment policies or practices based on criteria that are not job related.
Example recruiting from within workforce or from friends of workers would likely bring in
Employers may be permitted to discriminate if employment is qualifications are based on a
bona fide occupational qualification (BFOQ)
This is a justifiable reason for discrimination based on business reasons of safety or
Intentional discrimination: males have to be 5 feet to apply
Unintentional : a firefighter has to be able to run a certain distance in a certain amount of time
Reasonable accommodation : involves adjusting employment policies and practices so that no
individual is denied benefits, is disadvantaged with respect to employment opportunities or is
blocked from carrying out the essential components of a job because of race, colour,