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ARTICLE · 10 JULY 2024

Vavilov And Chevron: Does Canada Need An Administrative Procedure Act?

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The recent refusal of the Canada Industrial Relations Board to follow the direction of the Minister of Labour in connection with the labour dispute involving WestJet Airlines Ltd. (WestJet) and the Airline Mechanics.

CanadaGovernment, Public Sector
Gerald Chipeur KC
Gerald Chipeur KC
David Josiah Allison
David Josiah Allison
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The recent refusal of the Canada Industrial Relations Board to follow the direction of the Minister of Labour in connection with the labour dispute involving WestJet Airlines Ltd. (WestJet) and the Airline Mechanics Fraternal Association (AMFA)highlights an ongoing flaw in the administrative law principles that govern the regulatory state in Canada.

ALICE IN WONDERLAND

On June 27, 2024, Minister of Labour Seamus O'Regan declared: "As minister of labour, I am using my authorities under the Canada Labour Code ... to help the parties reach their first collective agreements ... I have directed the CIRB [Canada Industrial Relations Board] to impose final binding arbitration to resolve outstanding terms of the collective agreement."

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