What is the test for determining whether a specific provision in provincial law should be applied?
Nova Scotia, Canada
The following excerpt is from Salloum v. Nova Scotia (Workers' Compensation Appeals Tribunal), 2000 NSCA 148 (CanLII):
In Ontario the test for determining whether a specific provision in provincial law should be applied has been expressed in terms of whether it is reasonably incidental to the provincial law respecting compensation and the rate and conditions provided as opposed to being merely collateral thereto. See Canada Post v. Smith, supra, §26, 27, 42 and 49.
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