Scenario 2 Flashcards
The Imperial Finance Company, headquartered in Ontario, wants to expand and increase its branches across Canada, including opening a new west coast branch in British Columbia (B.C.). Abdul, a director at the Ontario headquarters, is tasked with overseeing the expansion. As part of that job, he has been reviewing the policies at each of the regional and local branches to ensure they are consistent with national corporate policies. In doing so, Abdul discovers that the health and safety policies at the Newfoundland and Labrador branch are out of date, and the local branch manager has not fulfilled all statutory obligations. The local HR manager for the Newfoundland and Labrador branch informs Abdul that the branch’s last inspection by a health and safety representative was over a year ago. Which employment legislation would govern the employees of the new British Columbia branch? a) British Columbia’s Employment Standards Act b) Ontario’s Employment Standards Act, 2000 c) Canada Labour Code
The answer is a. British Columbia’s Employment Standards Act Functional Area: C3 Rationale(s): A is correct. Employees working in B.C. are protected by the province’s employment legislation. B is incorrect. Only employees of the Ontario branch would follow Ontario’s ESA. C is incorrect. The employment components would fall under provincial rather than federal legislation. Reference(s): Unit 5: Understanding Employment Legislation, Module 10: Interprovincial Business. Employment Standards Act, 2000, S.O. 2000, c. 41, s. 3. Canada Labour Code, R.S.C. 1985, c. L-2, s. 2.
The Imperial Finance Company, headquartered in Ontario, wants to expand and increase its branches across Canada, including opening a new west coast branch in British Columbia (B.C.). Abdul, a director at the Ontario headquarters, is tasked with overseeing the expansion. As part of that job, he has been reviewing the policies at each of the regional and local branches to ensure they are consistent with national corporate policies. In doing so, Abdul discovers that the health and safety policies at the Newfoundland and Labrador branch are out of date, and the local branch manager has not fulfilled all statutory obligations. The local HR manager for the Newfoundland and Labrador branch informs Abdul that the branch’s last inspection by a health and safety representative was over a year ago. In order to remedy the deficiencies in its health and safety compliance, what must the Newfoundland and Labrador branch of Imperial Finance Company do immediately? a) Form an occupational health and safety committee and have a meeting within 2 weeks of its establishment. b) Appoint a worker health and safety representative from the 15 employees in the branch. c) Instruct the branch manager she should keep a copy of the Occupational Health and Safety Act, RSNL 1990, c. 0-3, in her office.
The answer is a. Form an occupational health and safety committee and have a meeting within 2 weeks of its establishment. Functional Area: C5 Rationale(s): A is correct. Under the Occupational Health and Safety Act, RSNL 1990, c. 0-3, s. 37, an occupational health and safety committee is required for a workplace with 10 or more employees; and the Occupational Health and Safety Regulations, 2012, NLR 5/12, s. 25(3), requires that an occupational health and safety committee must meet within 2 weeks of its establishment. B is incorrect. Employers must establish a health and safety committee for a workplace with 10 or more employees (s. 37). A worker health and safety representative is required when the workplace has less than 10 employees. C is incorrect. The law requires that a copy of the Occupational Health and Safety Act, RSNL 1990, c 0-3, and regulations under the Act be easily accessible to employees of branch, not just the manager. Reference(s): Occupational Health and Safety Regulations, 2012, NLR 5/12, s. 25
The Imperial Finance Company, headquartered in Ontario, wants to expand and increase its branches across Canada, including opening a new west coast branch in British Columbia (B.C.). Abdul, a director at the Ontario headquarters, is tasked with overseeing the expansion. As part of that job, he has been reviewing the policies at each of the regional and local branches to ensure they are consistent with national corporate policies. In doing so, Abdul discovers that the health and safety policies at the Newfoundland and Labrador branch are out of date, and the local branch manager has not fulfilled all statutory obligations. The local HR manager for the Newfoundland and Labrador branch informs Abdul that the branch’s last inspection by a health and safety representative was over a year ago. In addition to opening a new branch in British Columbia, the Imperial Finance Company decides to acquire an existing local consulting firm in that province. Which legislation would govern the employees of the newly acquired consulting firm? a) Ontario’s Employment Standards Act, 2000 b) British Columbia’s Employment Standards Act c) Canada Labour Code
The answer is b. British Columbia’s Employment Standards Act Functional Area: C3 Rationale(s): A is incorrect. The Ontario ESA would have no effect on the employees of the BC workplace. B is correct. The provincial legislation would apply since the firm would not be governed by federal labour law. C is incorrect. The firm would be governed by provincial legislation rather than adhering to federal labour law. Reference(s): Unit 5: Understanding Employment Legislation, Module 10: Interprovincial Business. Employment Standards Act, 2000, S.O. 2000, c. 41, s. 3.
