The Ontario Public Service Employees Union applied for a declaration that the Ministry of Natural Resources' contract with two individuals to operate Fitzroy Provincial Park constituted a transfer of an undertaking under the Successor Rights (Crown Transfers) Act.
The Board found that the contractors were operating the park for their own account, assuming financial risks, and using the physical assets and similar jobs as formerly performed by Crown employees.
The Board concluded that the transaction was analogous to a lease or franchise and declared it a transfer of an undertaking from the Crown to an employer.
