b. Article 24(1)(a): Provincial Labour & Employment Standards
Provincial labour relations and employment standards legislation in Alberta,403 British
Columbia,404 Ontario,405 and Quebec406 do not make a distinction in their definition of
“employee” on the basis of whether the foreign national or stateless person is “lawfully staying”.
However, like in the federal context, it is likely that a foreign national would be in possession of
a valid work permit that would make them “lawfully staying” for the purposes of Article
24(1)(b). Even if a stateless person was subject to an unenforceable removal order and they were
issued a work permit under section 206(1)(b), which does not grant them temporary resident
status, the lack of a distinction in the definition of “employee” in labour and employment
legislation between foreign nationals and Canadian citizens would ensure treatment equal with
Canadian nationals.
Provincial employment standards legislation outlines the applicable standards regarding hours of
work, wages, vacation and holidays. These standards apply equally to all employees of an
organization. In addition, in regards to the enjoyment of the benefits of collective bargaining,
provincial labour legislation also states that trade unions have a duty of fair representation and
non-discrimination in the representation of any of the employees in the bargaining unit with
respect to their rights under the collective agreement.407
If a stateless person experienced discrimination in relation to an employment contract or their
trade union on the grounds of their place of origin, they are entitled to file a complaint with the
appropriate human rights tribunal or commission in their respective province.408
c. Article 24(1)(b): Federal Occupational Health & Safety / Workers Compensation
For persons who work in federally regulated industries, the Canada Labour Code establishes
rights and obligations on employers and employees to ensure workplaces are healthy and safe
and to prevent workplace injury or death.409 The Canada Labour Code requires that a federal
employer subscribe to a plan that provides an employee who is absent from work due to workrelated illness or injury with wage replacement, payable at an equivalent rate to that provided for
Alberta Labour Relations Code, supra note 172; and Alberta Public Service Employee Relations Act, supra note
172; Alberta Employment Standards Code, supra note 222.
404
BC Labour Relations Code, supra note 173; BC Public Service Labour Relations Act, supra note 173; and BC
Employment Standards Act, supra note 223 at s. 1(1).
405
Ontario Labour Relations Act, supra note 174; and Crown Employees Collective Bargaining Act, supra note 174;
and Ontario Employment Standards Act, supra note 224 at s. 1(1).
406
Quebec Labour Code, supra note 175; Quebec Public Service Act, supra note 175; and Quebec Labour
Standards Act, supra note 225 at s. 1(10).
407
Alberta Labour Relations Code, supra note 172 at ss. 152(1) & 153(1); BC Labour Relations Code, supra note
173 at s. 12(1); Ontario Labour Relations Act, supra note 174 at s. 74; Quebec Labour Code, supra note 175 at s.
47.2.
408
Alberta Human Rights Act, supra note 54 at ss. 7-9 & 20; BC Human Rights Code, supra note 55 at ss. 11-14 &
21; Ontario Human Rights Code, supra note 56 at ss. 5-6 & 34; Charter of Human Rights and Freedoms, supra note
57 at ss. 16-20 & 74.
409
Canada Labour Code, supra note 166 at ss. 122.1-122.2, 124-126; and Canada Occupational Health and Safety
Regulations, SOR/86-304, http://canlii.ca/t/52c4h.
403
86
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