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Chairpersons

Manitoba Labour Board Dismisses Appeal in Employment Jurisdiction Dispute

Strategic Insights

— 1 min read

The Manitoba Labour Board recently issued a decision addressing a dispute over jurisdiction in employment matters between an employee, D.A., and their employer, Prairie Flour Mills Ltd. The Board determined that the employer falls under federal jurisdiction due to its operation as a federally licensed flour mill, which is considered a work for the general advantage of Canada. This decision has significant implications for the application of provincial and federal employment legislation.

Key Takeaways:

  • The Manitoba Labour Board dismissed the employee's appeal, citing that the employer operates as a federally licensed flour mill, placing it under federal jurisdiction.
  • The Board relied on section 55 (1.1) of the Canada Grain Act, which declares flour mills to be works for the general advantage of Canada, thereby ousting provincial jurisdiction.
  • The decision emphasizes that federal jurisdiction is narrowly interpreted in the context of labour relations, with provinces typically having jurisdiction over industries within provincial legislative authority.
  • The Board noted that previous decisions, such as Top Dog Courier Inc. v. D.M. (2021) and The International Brotherhood of Electrical Workers LU 2085 v. Viterra Inc. (2014), have considered similar jurisdictional questions.
  • The employee's complaints must be handled under federal legislation, not the Employment Standards Branch (ESB).

Statistics:

  • 1. The Manitoba Labour Board dismissed the appeal, citing federal jurisdiction.
  • 2. The employee's claims were handled under the Employment Standards Branch (ESB), which was later found to be incorrect.
  • 3. The employer is licensed as a process elevator under the Canada Grain Act, R.S.C. 1985, c. G-10.
  • 4. The Board received submissions on the issue of jurisdiction from both parties.
  • 5. Section 55 (1.1) of the CGA was found to be determinative, declaring flour mills to be works for the general advantage of Canada.

Sources:

  • Manitoba Labour Board, "IN THE MATTER OF: THE EMPLOYMENT STANDARDS CODE BETWEEN: D.A., Appellant/Employee, - and - PRAIRIE FLOUR MILLS LTD., Respondent/Employer" (2025-03-12)
  • Top Dog Courier Inc. v. D.M. (2021 CanLII 146044)
  • The International Brotherhood of Electrical Workers LU 2085 v. Viterra Inc. (2014 CanLII 36808)
  • Tessier Ltee v. Quebec (Commission de la santé et de la sécurité du travail) (2012 SCC 23)

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