LABOUR RELATIONS |
WIC Western International Communications Ltd. v. Communications, Energy and Paperworkers Union of Canada
T-984-00
2002 FCT 160, MacKay J.
12/2/02
6 pp.
Judicial review of decision of regional safety officer, directions attached thereto, and of directions by safety officer for compliance by WIC Western International Communications Ltd., WIC and all its Departments-- Microvan operator, employed by BC TV killed when telescopic antenna on vehicle came into contact with overhead power line--Accident investigated by safety officer with Human Resources Development Canada, who issued directions to BC TV and to WIC--Regional safety officer reviewed, varied directions--Held WIC was federal work, undertaking or business, subject to Canada Labour Code, Part II concerning occupational safety and health--Both safety officers erred in law in concluding WIC subject to Code, Part II--Error based on patently unreasonable findings of fact which ignored clear evidence of officer of WIC that had no involvement in day-to-day operations of individual broadcasting entities, in particular BC TV--Northern Telecom Ltd. v. Communications Workers of Canada, [1980] 1 S.C.R. 115 setting out test for whether particular entity federal work, undertaking or business: relationship of subsidiary operation to that of core federal undertaking must be "vital", "essential" or "integral"--BC TV, division of WIC Television Ltd. engaged in broadcasting and was federal undertaking or business subject to Code--But WIC not involved in day-to-day management or general operations of either of those companies--WIC's function to manage shares in various broadcasting companies and to manage its investments without responsibility for ongoing operations of any of broadcasting entities--WIC's operations not vital to those of BC TV--Mere holding of shares in business falling within federal legislative competence not bringing corporate shareholder within federal jurisdiction to regulate--S. 123(1) providing Code applying to employment in connection with operation of any federal work, undertaking or business and such a business includes work, undertaking or business outside legislative authority of legislature of provinces--Error in law to conclude WIC business outside legislative authority of province--Operations of WIC not within definition provided under Code of federal work, undertaking or business--Canada Labour Code, R.S.C., 1985, c. L-2, s. 123 (as am. by R.S.C., 1985 (1st Supp.), c. 8, s. 2; S.C. 1993, c. 28, s. 78 (Sch. III, item 89)).