Seafarers' International Union of Canada v. Canada ( Labour Relations Board )
A-1434-92
Marceau J.A.
11/5/93
4 pp.
Application for judicial review of Canada Labour Relations Board decision rejecting constitutional attack on Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, s. 157 -- Board holding incorporation by reference of provincial social legislation, including Trade Union Act and grant to Governor in Council of authority to make regulations including or excluding any Nova Scotia legislation from such incorporation subject to approval of Nova Scotia Minister of Mines and Energy not invalid delegation of legislative authority by Parliament -- Applicant arguing power of approval given to provincial minister as to Governor in Council's exercise of delegated power to make regulations contrary to Constitution -- Application dismissed -- Parliament not abdicating legislative authority by subjecting exercise of delegated power conferred on Governor in Council to condition of approval by provincial minister -- Provincial minister neither Nova Scotia Lieutenant-Governor in Council nor Nova Scotia legislature -- R. v. Furtney, [1991] 3 S.C.R. 89 holding Parliament may delegate legislative authority to bodies or persons other than provincial legislature under Constitution -- Board declining jurisdiction to consider application for certification as bargaining agent for employees on oil drill rigs off coast of Nova Scotia based on s. 157(2) and (4), incorporating by reference provincial Trade Unions Act and excluding application of Canada Labour Code -- These provisions not affected by declaration of invalidity made in respect of manner in which Parliament providing for future refinement of legislation by delegatee -- S. 157(5) severable from rest of section -- CanadaNova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28, s. 157 -- Trade Union Act, R.S.N.S. 1989, c. 475 -- Canada Labour Code, R.S.C., 1985, c. L-2.