THUNDER BAY — The Federal Court of Canada has ruled Confederation College's Aviation Centre of Excellence (ACE) is not subject to federal labour jurisdiction under the Canada Labour Code.
In doing so, the court has set aside a finding made last year by a health and safety officer with Employment and Social Development Canada.
This means the college can continue to operate exclusively under the requirements of Ontario's labour legislation.
The officer's investigation was not conducted because of a complaint or occurrence in the workplace, but was launched proactively.
He concluded that, even though the college as a whole is an educational institution falling under provincial labour jurisdiction, ACE is a "divisible entity" from the college.
Because the aviation centre – located at Thunder Bay Airport – is engaged in the operation of aircraft and aircraft maintenance, the officer determined federal legislation applies for labour relations purposes.
Confederation College successfully applied for a judicial review of that finding.
Federal court judge Anne Turley heard arguments from the college and the federal government in October, and released her decision last week.
ACE is operated by the college's School of Engineering, Technology, Trades and Aviation, and offers two full-time diploma programs – Aviation Flight Management and Aviation Technician-Aircraft Maintenance.
Thirty of the college's 600 employees work in the aviation centre, and are members of the same union bargaining unit as all other college workers.
During his investigation, the federal officer determined ACE "appears to be a separate division" within the college, and that because aircraft are regulated by the federal government, the aviation centre is governed by the Canada Labour Code.
Education falls under provincial jurisdiction, but the Canada Labour Code states that a federal workplace, undertaking or business includes "aerodromes, aircraft or a line of air transportation."
Judge Turley found the officer made a mistake when he concluded the aviation centre is involved in "two distinguishable activities: education and the operation of aircraft."
She said "These are not two distinct activities. Rather, the aircraft are only operated for education purposes. The ACE teaches without using aircraft, but it does not use aircraft without teaching."
She also noted the officer himself recognized that ACE aircraft are not used for charter flights or for any other form of transportation.
"The officer's analysis fails to appreciate that the aircraft are simply among the teaching tools the ACE uses in its two post-secondary diploma programs, as part of Confederation College's mandate as a public college in Ontario. The tools the ACE uses to train its students do not change the essential nature of the ACE's operations: education."
Matt Bunn, associate dean of aviation at the college, declined to speculate on how ACE might have been impacted if the court ruling had favoured federal jurisdiction.
But in a statement to Newswatch, he said "We appreciate that this decision allows us to continue operating under provincial legislation, effectively supporting our operations thus far. Our focus remains on providing high-quality aviation education and training to our students, and we will continue to do so within the framework of our current regulatory requirements."
Workplaces that are provincially-regulated fall under provisions of the Employment Standards Act.
The Canada Labour Code governs federally-regulated workplaces and sets out requirements for collective bargaining, occupational health and safety, and employment standards including hours of work, wages, vacations and holidays.
