The Aviation Centre for Excellence's purpose is education, using aircraft merely as teaching tools
The Federal Court ruled that Confederation College’s Aviation Centre for Excellence (ACE) falls under provincial labour jurisdiction, emphasizing its core function as an educational program and its integration into the college’s broader operations.
Confederation College, established under Ontario’s Colleges of Applied Arts and Technology Act, operates multiple campuses, including the ACE at Thunder Bay airport. The ACE offers two aviation diploma programs: Aviation Flight Management and Aviation Technician – Aircraft Maintenance. Its facilities include aircraft, simulators, hangars, and classrooms. The ACE employs 30 staff, nine of whom spend over 5 percent of their time operating aircraft, and three focusing similarly on maintenance. All staff, however, belong to the same union as other college employees under provincial labour law.
The health and safety officer’s investigation concluded that the ACE, due to its aircraft operation, constituted a distinct federal work under paragraph 2(e) of the Canada Labour Code. This clause governs aerodromes and aircraft operations. The officer found that the ACE’s reliance on aircraft for its educational programs made it a separable division from the college’s broader provincial mandate.
The Federal Court disagreed, ruling that the officer had failed to apply the functional test to assess the ACE’s habitual activities. This test examines an entity’s essential nature and daily operations to determine its jurisdiction. The court found that the ACE’s primary purpose is education, with aircraft serving merely as teaching tools, and that its operations are fully integrated into Confederation College.
The court emphasized that the ACE does not operate aircraft for commercial purposes, such as charter flights, but exclusively for student training. The court also noted that the college’s broader governance structure further supports its provincial nature.
The court noted that federal jurisdiction over labour relations is an exception, applying only where provincial jurisdiction is clearly displaced. The officer’s tentative findings were insufficient to justify federal oversight.
The presumption of provincial regulation remained intact, with the court concluding that the ACE’s activities aligned with Confederation College’s mandate as a post-secondary institution.
Ultimately, the Federal Court ruled that the ACE is subject to provincial labour jurisdiction, reaffirming that its essential nature as an educational program does not warrant federal regulation.
