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Federal labour law governs employees at declared nuclear facilities.
Appeals concerning whether labour relations at a provincially owned utility's nuclear generating stations were governed by provincial or federal labour legislation.
The majority held that Parliament's declaratory power under s. 92(10)(c) and s. 91(29) validly brought the nuclear facilities within exclusive federal jurisdiction, and that labour relations were integral to the operation and management of those declared works.
A majority also held that atomic energy is a matter of national concern under the peace, order and good government power, and that labour relations at the nuclear facilities formed part of that jurisdiction.
The argument that provincial authority over electrical generation under s. 92A(1)(c) displaced federal authority was rejected.
The appeals were dismissed and the Canada Labour Code was held to apply to employees employed on or in connection with the nuclear facilities.
Administrative tribunals with power to decide questions of law have jurisdiction to determine Charter validity of their enabling statutes.
The union filed an application for certification before the Ontario Labour Relations Board relating to employees at the appellant's chicken hatchery.
The appellant argued the employees were agricultural workers excluded from the Labour Relations Act under s. 2(b).
The union gave notice it would challenge s. 2(b) under the Charter.
The Supreme Court of Canada held that an administrative tribunal with the power to decide questions of law has the concomitant power to determine whether that law is constitutionally valid under s. 52(1) of the Constitution Act, 1982.
The Board therefore had jurisdiction to rule on the constitutionality of s. 2(b) of its enabling statute.
