What is the test for determining whether the activities of employees at Pearson are subject to OHSA?
Ontario, Canada
The following excerpt is from R. v. EllisDon Corporation Ltd., 2008 ONCA 789 (CanLII):
The test for determining whether the appellants’ activities at Pearson render them subject to OHSA is set out by Dickson J. in Northern Telecom v. Communications Workers, 1979 CanLII 3 (SCC), [1980] 1 S.C.R. 115 (“Northern Telecom No. 1”), at p. 132: First, one must begin with the operation which is at the core of the federal undertaking. Then the courts look at the particular subsidiary operation engaged in by the employees in question. The court must then arrive at a judgment as to the relationship of that operation to the core federal undertaking, the necessary relationship being variously characterized as “vital”, “essential” or “integral”.
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