An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012

Sponsor

Seamus O'Regan  Liberal

Status

Third reading (Senate), as of June 13, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-58.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canada Labour Code to, among other things,
(a) amend the scope of the prohibition relating to replacement workers by removing the requirement of demonstrating a purpose of undermining a trade union’s representational capacity, by adding persons whose services must not be used during legal strikes and lockouts and by providing certain exceptions;
(b) prohibit employers from using, during a legal strike or lockout intended to involve the cessation of work by all employees in a bargaining unit, the services of an employee in that unit, subject to certain exceptions;
(c) make the contravention by employers of either of those prohibitions an offence punishable by a fine of up to $100,000 per day;
(d) authorize the Governor in Council to make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with those prohibitions; and
(e) amend the maintenance of activities process in order to, among other things, encourage employers and trade unions to reach an earlier agreement respecting activities to be maintained in the event of a legal strike or lockout, encourage faster decision making by the Canada Industrial Relations Board when parties are unable to agree and reduce the need for the Minister of Labour to make referrals to the Board.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 27, 2024 Passed 3rd reading and adoption of Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012
Feb. 27, 2024 Passed 2nd reading of Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012

Canada Labour CodeGovernment Orders

November 24th, 2023 / 1:15 p.m.
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Conservative

Anna Roberts Conservative King—Vaughan, ON

Mr. Speaker, it is kind of humorous when I hear the hon. member talk about workers, especially since he mentioned two million Canadians. He is right: Two million Canadians are going to the food bank in one single month.

The member of the Liberal Party claims that he stands up for workers. However, recently we learned that the government plans to staff the Stellantis battery plant with 1,600 taxpayer-funded foreign replacement workers rather than Canadian workers. Can the member tell me why Canadian taxpayers are spending $15 billion to create jobs that are not even going to Canadians?

Canada Labour CodeGovernment Orders

November 24th, 2023 / 1:15 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, when I referenced two million people, I was talking about the two million Ukrainians living in the country who feel as though the Conservative Party turned its back on them. That is what I was talking about when I referred to two million people.

To the member's question, does she know why we have a temporary foreign worker program with South Korea? It is because Stephen Harper brought it in in this country back in 2014. It was Stephen Harper who enabled the legislation to make that happen.

Notwithstanding that, her data and information are incorrect. She is citing them as though they are fact and they are not. As we heard the minister talk about today, this is contributing to misinformation. He quoted various individuals who were saying it.

The reality is that 2,300 Canadian jobs will be made to build the plant and then 2,500 good-paying jobs will be for running the plant. With a foreign company coming to build a new plant in Canada, will there need to be some foreign expertise to show Canadians how to build it? That might be the reality. We might see some foreign workers as a result of that, but they are not permanent—

Canada Labour CodeGovernment Orders

November 24th, 2023 / 1:15 p.m.
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Bloc

The Acting Speaker Bloc Gabriel Ste-Marie

I am sorry to interrupt the hon. Deputy Leader of the Government in the House of Commons like this, but he has far exceeded his speaking time.

The House resumed from November 24 consideration of the motion that Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, be read the second time and referred to a committee.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:05 p.m.
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Conservative

Chris Lewis Conservative Essex, ON

Mr. Speaker, as always, it is an honour to rise in the House to represent the amazing folks of Essex. I give all my thanks to God for giving me the opportunity.

Just a couple of weeks ago, I lost my momma. If the House would allow it, I would like to share a few words before I dive into Bill C-58.

Mom would text me during question period to say, “Christopher, you are not wearing a tie today, so you must not be speaking.” Mom would also text me to say, “Christopher, stop chewing gum”, “Smile”, or “Christopher, wake up.”

The little things in life get us through, and the real little things in life were mom's chocolate chip cookies. Mom was known on the Hill for her chocolate chip cookies. However, if a member did something bad, I would get a text saying that the member would not be getting a chocolate chip cookie that day.

She was a servant. She served beyond belief. She is the great reason I am where I am, and why I am who I am.

Although those texts have come to a very abrupt end, after she spent only 13 days in hospital battling cancer, her legacy lives on. If my dad and my brothers Jeff and Kim are watching, I want them to know that Helen, our momma, is in the House of Commons with us all here today. As I promised momma at her bedside, I will make her proud and live to serve. I love her. I thank the House for indulging me.

Bill C-58 has two main elements. First, it would ban the use of replacement workers in federally regulated workplaces, such as banks, airports and telecommunications, but not in the federal public service. It would replace an existing, albeit much more limited, prohibition on the use of replacement workers in the Canada Labour Code.

Second, Bill C-58 would amend the maintenance of activities process to encourage not only quicker agreement between employers and trade unions on what activities should be maintained in the case of a strike or a lockout, but also faster decision-making by the Canada Industrial Relations Board in this connection. The provisions of Bill C-58 would only apply to federally regulated workers. If enacted, the provisions of Bill C-58 would enter into force 18 months after royal assent has been received.

It brings forward a lot of questions and a lot of discussion. I would start by saying that I am very proud to be the shadow minister, the critic, for labour. I have travelled across this country, literally from coast to coast to coast, speaking with both unionized and non-unionized workers in places such as Halifax; St. John's, Newfoundland and Labrador; Vancouver, at the Port of Vancouver; and Montreal.

I have been across this country, meeting with both unionized and non-unionized workforces, their management teams, and the folks with their boots on the ground. What I hear all the time is them saying, “Just let me go to work. I want to go to work. I don't really want to be on strike. What I really want to do is have a good-paying job so I can ultimately feed my family, put diapers on my babies, fill their little mouths with pablum and afford to buy my wife some flowers. I can't do that when I'm on strike.”

At the end of the day, we have seen an unprecedented amount of strikes across this country over the last number of years. Every time I turn around, we are dealing with another strike. Why is that? One has to really wonder if it is the cost of living. Is it the cost of food, which our workers cannot afford? Is it the high interest rates? Is it the carbon tax on fuel and food? Is that the reason why? It always goes back to the same question: Why are we seeing an unprecedented amount of strikes? We have to believe that it is due to inflation. It is due to the cost of living, as well as uncertainty, no doubt.

I will speak quickly to the topic of the Stellantis battery plant in Windsor. One good thing about Air Canada is that it is almost always delayed, which allows me more time to speak to my constituents back home when I am at the airport.

Last night, I spoke to someone at IBEW, the International Brotherhood of Electrical Workers, who said what the problem is. We have an amazing workforce here in Canada of electrical workers. They are bringing them in from Manitoba and Alberta. They are there in Windsor. They are literally in Windsor to start to work. However, they are very concerned about all of the folks potentially being brought in from South Korea to do all work. In the past, those workers did all the work at tier 2 and tier 3. They have done all that work. He said he understood that 10, 20 or 30 people may need to be brought in to program the computers, but the rest of it they already know how to do.

Then I spoke to the carpenter's union, and they said the same thing. They have the whole workforce there. Why are folks being brought in from other places to do the work that they, quite frankly, are trained to do?

The part of this bill that is somewhat confusing to me is that it is only for federally regulated workers. It does not apply to federally regulated public sector workers. If the government is going to tell businesses that there will be no replacement workers, why would the government not do it for itself? It makes one wonder.

We have had amazing, amazing yields in southwestern Ontario this year from our farmers. Some of the highest bumper crops that we have see in a long time. About 90% to 92% of our grain is exported. If we cannot get the grain onto the ships and overseas, we have a major issue, and we have a major issue right now.

There was just an issue on the Great Lakes, which, by the way, got solved. It is like what was reported yesterday in the news about No Frills. The issue with workers at No Frills was solved yesterday, just like at the Port of Montreal and the Port of Vancouver. How were they solved? They were solved at the table through democracy. There is always a solution when we speak. There is always a solution when people come to the table to have good, fair, strong, respectful dialogue. That is how things get solved.

Because I sit on the transport committee, am a bona fide farmer and was a businessman, my concern is that this potential legislation could drive fewer jobs for the country. It is a matter of fact that this could drive potential Canadian business investment away from Canada, which would ultimately mean fewer jobs.

Ironically, at 9 a.m. tomorrow, I head to the Senate to do my darnedest to get Bill C-241, my private member's bill, through committee. Bill C-241 is a bill that would allow the writeoff of travel expenses for both unionized and non-unionized skilled trades workers. I do not know of anyone in the House who would disagree with me when I say that Canada is absolutely in a major housing crisis, and Bill C-241 would allow the mobility of our skilled trades, both unionized and non-unionized workers, to travel across the country.

I look at Stellantis and the entire project, the upwards of $50 billion for the three battery plants, and I know one thing for sure: We need skilled trade workers at those sites. However, I also know that we need to build homes from coast to coast to coast. Hopefully, tomorrow the Senate will give us the green light, so to speak, and Bill C-241 will get through the Senate to support our skilled trade workers.

For clarity, for anybody watching at home, and I am sure a lot are watching me, this is only for federally regulated workers. This does not dive into the provinces and their regulations.

This is going to sound goofy, but during the Port of Vancouver strike, a message was left at my office, and I called the gentleman back. He said he owns a coffee shop, but he cannot get any cups for the coffee, so he will have to shut his doors because he ordered the cups from overseas. It sounds small and insignificant, but that is one more business that shut its doors, is not paying taxes, that is not employing people or laying them off. It is one more business that Canada is, quite frankly, bleeding.

There is nothing more important than our labour force. My father always said it best. Someone can have the greatest widget in the world, but they cannot build it and they cannot sell it without people. There is not a business I know of that is not about the people, and they only ever will be.

The answer is very simple: Get to the table, get the folks at the table and have a conversation. Deliberations have worked in the past. That is where the answer lies.

In closing, I will just finish with the following. I come from the business world but I also was boots on the ground. In my role as shadow minister for labour, I met some pretty extraordinary folks. I think about the folks at the ILWU out in Vancouver, who treated me with so much respect when I visited them two or three times. I think about the folks out in Halifax and St. John's, Newfoundland. I think about the folks in my own backyard in Essex. Again, it is resounding that it is only about the people.

There is only one way that we are going to rebuild Canada, that Canada is going to be built, that we are going to have enough homes, that we are going to have the manufacturing and we are going to be on the front line in leading-edge technology, and that is with people. However, they need to be Canadian people. They cannot be folks from overseas who are taking away the jobs of Canadians.

I want to thank the Speaker for allowing me to celebrate my mother and allowing me to have a bit of freedom in my speech today. I am so darn passionate and compassionate when it comes to our labour force and it means the world to me.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:20 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

All of us give you our best and our condolences on the loss of your mom. Many of us probably have the same stories about our moms sending us a little note to say to straighten our tie, look a little more lively or that we are looking tired. “Why do you look so tired?” is one I get a lot from my mother. I'm sure your mom did the same thing.

Questions and comments, the hon. parliamentary secretary to the government House leader.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:20 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, we do extend our most sincere condolences to the member and his family.

It is interesting trying to draw Conservatives out on how they are going to vote. Here we have labour and others who want to see this legislation pass to committee. I have listened closely to the member opposite, and I cannot tell exactly what the Conservative Party is going to do on this. This is Bill C-58.

Just last week, we had debate on Bill C-57, the Canada-Ukraine trade agreement. The Ukrainian heritage community was very excited about that legislation and wanted the House to pass that legislation. Like today, we were left wondering why it was that the Conservative Party did not seem to support Ukraine.

Can the member give a clear indication as to why he voted against the Canada-Ukraine trade agreement?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:20 p.m.
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An hon. member

Relevance.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:25 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

There is a relevance issue that we are looking up, but I will let the hon. member make his comment.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:25 p.m.
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Conservative

Chris Lewis Conservative Essex, ON

Mr. Speaker, this was one of the examples where somebody would not get a chocolate chip cookie from mom. I am just teasing.

I guess I will answer the question, and the question is really an easy one to answer. If the Liberal Party and the Prime Minister are so friendly with labour, why did only one Liberal in the entire caucus vote for Bill C-241? That is a really easy question, so I will answer a question with a question. Why do they not support skilled trades?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:25 p.m.
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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, my deepest condolences to the member and his family. It was very moving when he shared the story about the passing of his mother. My own mother passed away one year and 22 days ago, in November last year. There is not a day I do not think of her. I know it will be the same for him. I wish him all the best in honouring her memory and in working through the grief that comes from her passing.

I want to come back to Bill C-58 because the member spoke very movingly about his mother, as well as other issues, like housing and other bills, but did not actually speak to Bill C-58. The NDP has pushed so hard for this and forced the government to table the bill because of the use of replacement workers in the Windsor area, for example, and Essex County. I know he is familiar with this. Right across the country, Rogers has locked out workers for Shaw cable. Dozens of steelworkers are on the picket line because of the Rogers' lockout, which is using replacement workers in the federal sphere of jurisdiction. It is simply untenable.

As has been pointed out, Bill C-58 would seek to bring a more rapid close to labour disputes because it would mean that CEOs of major corporations would not be able to run roughshod over the rights of their workers, but would have to negotiate in good faith.

What remains a question for me is whether Conservatives will stand with working Canadians and vote for Bill C-58. Could the member tell me if they will vote in favour of the bill?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:25 p.m.
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Conservative

Chris Lewis Conservative Essex, ON

Mr. Speaker, I thank the hon. member so much and really appreciate his compassionate and very thoughtful comments about momma.

At the end of the day we have to ask why the federally regulated public service is not part of this legislation. Why is it that the government, which with all due respect is supported by the NDP, does not have its own employees as part of this legislation? We really have to question whether it is trying to hide something or whether there is something that we do not know. Perhaps if it would open the book and tell us the rest of the story, then we would know exactly where we stand.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:25 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, earlier this year, for a really long period of time, the screen actors guild's labour dispute with the Alliance of Motion Picture and Television Producers impacted the Canadian film industry in a major way. One of the major sticking points in negotiations was the use of artificial intelligence to act as replacement workers for many people in that situation.

Could the member comment on how the federal Liberal government's inability to articulate a strategic vision for artificial intelligence writ large in Canada, particularly with respect to the impact on labour in the future, could make this legislation moot?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:25 p.m.
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Conservative

Chris Lewis Conservative Essex, ON

Mr. Speaker, every time we turn around it almost looks like the legislation that comes from the Prime Minister and the Liberals is made from band-aids pieced together.

I think there is a much larger solution available to us, which is that all parties get together to come up with a solution. I would suggest that, whether it is with respect to AI, mines to the north or the busiest international border crossing in Canada, each and every one of those is equally vital to what the member has spoken about. We have a really long way to go and a lot of work to do.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 12:30 p.m.
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Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Mr. Speaker, I may be mistaken, but I do not think we have talked about Bill C‑58 in the past 15 minutes. Bill C‑58 is an anti-scab bill.

Scabs have not been used back home in Quebec since 1977. I am very pleased to see that there is equity between Quebec workers with a Quebec employer and Quebec workers with a Canadian employer.

The bill is very sound. I would like my colleague to explain why the Conservatives object to it.