Company’s Stevedoring Activities Didn’t Make It Subject to Federal Regulation

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A heavy equipment rental company also engaged in intra-provincial road transportation, maintenance and repair of equipment as well as stevedoring. All of its activities took place within Québec. Its parent company asked the CSST for a ruling that the company’s activities related to the shipping industry fell under federal jurisdiction. The CSST and the Court of Appeal concluded that its activities came under provincial jurisdiction. And the Supreme Court of Canada agreed. The company devoted most of its efforts to provincially regulated activities, its essential operational nature was local and its stevedoring activities, which are integrated with its overall operations, formed just a small part of its overall operation. Thus, the company’s workers were governed by provincial OHS law [Tessier Ltée v. Québec (CSST), [2012] S.C.J. No. 23, May 17, 2012].