LABOUR RELATIONS |
Augustine's School Bus Inc. v. Asher
A-48-00
2001 FCA 109, Sexton J.A.
6/4/01
5 pp.
Appellant operated school bus line--Respondent employees complained about non-payment of wages under Canada Labour Code--Human Resources Development Canada inspector ordered appellant to pay--Appeal to Labour Relations Arbitrator, sitting as referee, dismissed--Appeal to F.C.T.D. dismissed ((1999), 179 F.T.R. 266)--Appellant submitting business not falling under Canada Labour Code because governed by law of Province of Ontario--Labour relations within provincial jurisdiction as aspect of property, civil rights within Constitution Act, 1867, s. 92(13), but exception to provincial jurisdiction over "local works and undertakings" under s. 92(10)(a) if particular transportation undertaking extending beyond limits of province--Although appellant's primary business bussing children to, from school within Ontario, appellant also operated charter service carrying people to destinations in United States as well as Ontario--Charter trips constituted 1/10% of appellant's total business--Referee and Motions Judge considering whether extra-provincial activity undertaken by appellant continuous, regular to determine whether appellant's undertaking extended beyond province--Referee considered: customers provided with extra-provincial service consistently, without interruption whenever requests made for such service subject to availability of equipment, personnel; appellant ready at any time to engage in extra-provincial trips at instance of customer; appellant obtained extra-provincial licence; appellant purchased specially equipped bus for charter service--Motions Judge agreed with Referee's conclusion--Both Referee, Motions Judge applied proper test--Appeal dismissed--Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) (as am. by Canada Act 1982, 1982, c. 11 (U.K.), Schedule to the Constitution Act, 1982, Item 1) [R.S.C., 1985, Appendix II, No. 5], s. 92.