Not white, not black the jurisdiction!

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1 Not white, not black the jurisdiction!

2 Objectives Division of powers in labour relations Canada Labour Code application Memorandum of Understanding (MOU)

3 Constitutional Authority In Canada, labour law is divided into two areas of expertise: the provincial and federal governments. The Constitution Act, 1867, formerly known as the Act of British North America, is the legislation establishing the division of powers, specifically in sections 91 and 92.

4 Constitutional Authority Section 91 defines the powers of Parliament. Labour relations are not attributed to any governments. This division of powers will subsequently clarified over the court decisions, in order to establish more precisely the sectors that come under different governments.

5 Canada Labour Code Section 2 of the Canada Labour Code sets out the types of companies recognized as belonging to the federal Parliament. Examples: Banks under the Bank Act; Broadcasting stations; Airports, aircraft and air transport line; Navigation and water transport, among others that concern the operations of ships and transportation by ship anywhere in Canada; Etc...

6 Federal Maritime Business Transport cargo between provinces or internationally Ferry service between provinces or internationally Cruises / tourism between provinces or internationally Towing between provinces or internationally Harbour towing Federal departments Dredging main sea Stevedoring - Marine terminal Grain silos and their employees

7 Provincial Maritime Business Provincial ferries Provincial Cruises Provincial Tourism Fishing vessels Construction companies with tugs and barges Provincial departments Dredging fishing ports, infrastructure or other websites Shipyards Ship repairs Research vessels (except federal vessels)

8 Division of powers For determining jurisdiction, we must successively apply three criteria: First criterion: Is the company defined as a company under the jurisdiction of Parliament under Article 2 of the Canada Labour Code? If so, the company is under federal jurisdiction and review ends here.

9 Division of powers Determine the nature of the activities of a business can be a complex issue. 1. What are the normal or habitual activities of the business? 2. If there is more than one activity, are they divisible? 3. If not, the main activity will be considered to establish jurisdiction.

10 Division of powers In case the analysis of the first test confirms the competence of the provincial on its activities, the second criterion is considered. Does the company is vital and essential or is it integrated to a federal undertaking?

11 Division of powers While the first two elements of analysis were not conclusive, we will proceed to consideration of the third criterion: Was the company or work's activity reported to Canada's advantage? Constituent Act of the company Decision of the Supreme Court of Canada

12 Division of powers According to the study of these three criteria of analysis, if the company or the work is not defined as falling within the jurisdiction of Parliament, he will be declared under the jurisdiction of a province. It is important to remember that the federal Parliament is the exception for labor relations, provincial competence is the rule.

13 Canada Labour Code application Two essential criteria: Federal jurisdiction Employer / employee relationship

14 MOU with ESDC* The MOU between Transport Canada and ESDC is to establish an administrative arrangement for the implementation and application of Part II of the Canada Labour Code in the federal transportation sector. The two departments will work together to achieve the objective of the Code is "to prevent accidents and diseases related to the course of employment". * ESDC: Employment and Social Development Canada

15 Administrative Role of EDSC - Labour Program for the maritime sector EDSC-Work Program administers Part II of the Code and the Canada Occupational Health and Safety Regulations as regards the health and safety of employees under federal jurisdiction.

16 Administrative Role of Transports Canada, Marine Safety Transport Canada Marine Safety, applies Part II of the Code and Maritime Occupational Health and Safety Regulations in the maritime environment as regards the health and safety of employees working on board a ship and employees loading and unloading of ships when in the radius of the ship's cranes.

17 Physical space of the administrative responsibility The physical space of the administrative responsibility of Transport Canada Marine Safety, regarding the work done using the ship's Tackle, applies to any point of land located in the space swept by the mooring line or arrow cranes of this vessel.

18 MOU with CNESST* Protocol established between the TC and CNESST for fishing. Draft agreement between the TC and CNESST for other vessels. * CNESST: Commission des normes, de l équité, de la santé et de la sécurité au travail.

19 Line Laroche Manager, Division Inspection Transport Canada, Marine Safety

PORT OF SAN FRANCISCO STRATEGIC PLAN. To increase the volume of cargo shipping. To efficiently manage and improve all Port property.

PORT OF SAN FRANCISCO STRATEGIC PLAN Mission: Goals: The Port of San Francisco is a public enterprise committed to promoting a balance of maritime, recreational, industrial, transportation, public access