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

Sponsor

Seamus O'Regan  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

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 27th, 2023 / 4:55 p.m.


See context

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, do we know what is not a good deal? It is 200 people in my community losing their jobs when a mill closed or the worker I talked about who worked in the energy sector and lost his job because of the policies of the Liberal government. His wife had to go back to work. As I mentioned in my intervention, both of their wages together did not even come close to what he was making himself working in the energy sector.

Those are the types of tough decisions that are affecting families every day. Those are the tough situations that have played out in households across this country because of policies that the government has implemented.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 4:55 p.m.


See context

Bloc

Jean-Denis Garon Bloc Mirabel, QC

Mr. Speaker, the ban on replacement workers to ensure balanced collective agreement negotiations has been part of Quebeckers' DNA for decades.

I know that the Conservatives think they are in the middle of an election campaign, but I feel uneasy. I listened to my colleague's speech and it was interesting. We talked about the carbon tax and battery plants. The Liberal member asked her a clear question about whether the member will support the principle that replacement workers should be banned to ensure balanced collective agreement negotiations. We received a non-answer. The Conservatives are uncomfortable. They do not want to answer to avoid implying that they are not on the workers' side.

I would like a clear answer from the Conservatives. Do they support the principle of the bill to ban replacement workers, yes or no?

It is either yes or no. I would like a real answer.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 4:55 p.m.


See context

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, it is really interesting that the member is from Quebec. We know that the Northvolt project in Quebec will be bringing in hundreds of taxpayer-funded foreign replacement workers to fill jobs, taking jobs away from workers in Quebec. There needs to be more clarity on taxpayer-funded foreign workers who will be funded through the hard-working people of Canada. We are asking for the government to disclose what those contracts are. We need to see what is in them, so we can see how this is affecting workers. Is it written into the contracts that foreign replacement workers are acceptable for those companies that are accepting all this taxpayer money?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5 p.m.


See context

NDP

Lindsay Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, hopefully the third time is the charm, because the hon. member did not actually answer the questions of my last two colleagues. I too listened to the hon. member's speech. She did not really speak a lot about the bill in question. Yes, the cost of living is rising but, again, this bill will help ensure that workers have the ability and the power to negotiate as equals with their employers.

Again, will this member and will the Conservative members of the House support this bill and support workers' rights when dealing with potential replacement workers?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5 p.m.


See context

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, it is interesting that the NDP-Liberal government always wants to talk about anything other than the fact that people cannot afford to pay for basic necessities. We have nurses and construction workers who are living in their cars in British Columbia. We know that this is across the country. We know that there are tent cities across this country, because people cannot afford the basic necessities they need to live. Reports came out just this morning about how close seniors are to being homeless.

The government has created this problem with high inflation, which has also created high interest rates. This is creating higher mortgage payments for people, putting them on the edge and out of their homes. The government should be focusing on policies and legislation that can actually stop what is creating this situation, where people cannot even afford basic necessities in this country.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5 p.m.


See context

Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Mr. Speaker, we know that improving labour relations should be the ultimate goal of any government. It is better for workers, employers, the economy and all Canadians. However, the current labour climate suggests that we are moving in another direction. Across the country, we are seeing more labour strife than we have at any other time in recent history.

The strife is undoubtedly being fuelled by the spiralling cost of living crisis in this country, which is a direct result of the NDP-Liberal government's inflationary deficits and taxes. The costly coalition has made life more difficult for hard-working Canadians, and paycheques are not going nearly as far as they once were.

We know the carbon tax is increasing the cost of everything. Food prices have gone up year after year, housing costs have doubled and mortgages have gone up by 150% since the Liberals took office. There are reports indicating that over 50% of Canadians are $200 or less away from going broke, which is simply outrageous. Working Canadians across this country are struggling to put food on their tables and to keep a roof over their heads. That is unacceptable, but it is the devastating reality after eight years of the Liberal government, which continues to be propped up by its NDP friends. They have failed Canadian workers and broken the unspoken promise that if one gets a job and works hard, one will be able to pay one's bills and build a better life.

That is the climate in which the Liberals have tabled this bill. As we consider Bill C-58, it is critical that we do so with a view to finding balance. Governments should never encourage labour disruption or give either side in a dispute an uneven advantage, because there are very serious implications for all Canadians when labour is disrupted. This is particularly true when we consider the industries and the sectors that are federally regulated.

Whether it is our rail system, our ports, our telecommunication networks or air travel, labour disruptions in these critical industries have a serious cost for businesses. Beyond that, they can also have a potentially devastating impact on everyday Canadians. That downstream impact should not be cast aside in this debate, and it cannot be ignored. It raises questions about what happens when medicine cannot get to the end destination on store shelves and, ultimately, is not there when Canadians need it.

What happens if telecommunication services are down? How does a family member check in on loved ones? What impact would this have on payment processing? Would there be Canadians unable to access basic necessities? If fresh food in transportation spoils, what is the cost to consumers? These questions raise just a few examples of what impact a strike could have on Canadians. Ultimately, a strike that impacts our supply chains, such as those in our ports or railways, will always have a ripple effect beyond the employer and worker.

It will also impact small businesses that depend on the efficient flow of our supply chains. The longer a strike lasts, the greater the harm it will cause. For small businesses, it is a situation that is generally well beyond their control. This is certainly true for farmers, who need to get their commodities to market. In my province of Saskatchewan, which is a landlocked province, a disruption in any part of the supply chain network is seriously detrimental.

It is critical that, in considering this legislation, we understand the potential impact on farmers and their operations. Farmers certainly cannot afford to take any more hits. They are already some of the hardest hit by the NDP-Liberal coalition's failed policies. Farmers I have spoken to certainly feel that it is intentional and that the government has no regard for their industry or their contributions to our country. Failed policies such as the Liberal carbon tax are putting the viability of farm businesses in jeopardy. There is also, of course, the Senate; so-called independent senators are now doing the government's bidding by dragging their feet on Bill C-234. Ensuring the viability of farm operations is critical to the industry, as well as to an affordable and dependable food supply.

I recently had a farmer in my office who shared with me that a single day of rail disruption delayed his shipment by a matter of weeks, which, of course, directly impacted the cash flow of his operations. That is because a single day of disruption never equates to a single day of backlog. This brings to mind this past summer's port strike in Vancouver, which created a massive bottleneck in our supply chain infrastructure. The job action in Vancouver lasted weeks, and now all these months later, the port is still working to clear the backlog.

Let me be clear that Canadian workers, without question, have the right to collective bargaining and striking. Striking should be the last resort, and it should not be incentivized. The best outcome for all parties is coming to an agreement at the bargaining table. That is why it is critical that government foster a level playing field for unions and businesses so that ultimately government is helping only to foster better labour relations. Government should not intervene to tip the scales.

Other jurisdictions that have implemented similar bans have seen an increase in job actions, which should be cause for warning. It is not clear what lessons from those jurisdictions are being applied in this legislation, and it is not clear that this legislation strikes the appropriate balance between labour and employers. In fact, the bill contains a lot of ambiguity that requires clarification. This is, of course, a pattern with the Liberal government, which has a tendency to introduce what it has coined as “framework legislation”.

There is another matter of great curiosity. The bill would impose a ban on replacement workers for federally regulated industries, but it would not apply to the public service. This policy decision certainly raises questions. If the Liberals have determined through their consultations and analysis that what they are proposing is positive for labour relations, then it would make sense to apply it to themselves, but they deliberately chose to exclude the federal government and the public service from the scope of this legislation. I think industry deserves clarity from the labour minister on this particular policy decision.

In another example of “do as I say and not as I do”, the Liberal government seems to villainize replacement workers through this legislation while at the same time funding foreign replacement workers. Last week, we learned that the Stellantis battery plant is reportedly hiring 1,600 foreign workers despite receiving $15 billion in subsidies from the NDP-Liberal coalition. This is not in the interests of our Canadian workers, and it certainly is not fair to them or Canadian taxpayers. Canadian taxpayer subsidies should be going to support Canadian workers, not foreign replacement workers.

We do not even fully understand the extent of the government's budgeted contract negotiations, because not only does the story keep changing on that side of the House, from claiming disinformation to claiming one worker and then a handful, but the Liberals are deliberately choosing to keep the contracts hidden. If it is such great news for Canadian workers, why the secrecy? What are they trying to hide?

Well, we know now that the Northvolt plant will be utilizing taxpayer-funded foreign replacement workers, which also calls into question whether Volkswagen will. Canadian taxpayers and tradespeople deserve answers. The Prime Minister must confirm what provisions were negotiated to secure good, long-term jobs for Canadians, because at the end of the day, that is what Canadians workers want. They want to work. They want Canadian businesses and industries to succeed so they have job security. They want businesses to continue to invest and create jobs in Canada that will allow them to keep a roof over their heads and food on their table. They want a guarantee that they can build a life for themselves.

As I said at the outset, improving labour relations should be the government's goal. Having healthy and good labour relations is what is best for workers, employers, the economy and ultimately all Canadians.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:10 p.m.


See context

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I noticed that the Conservative colleague who spoke prior to the member was asked three times whether or not the Conservatives would vote in favour of the bill. When the member spoke, she debated whether Conservatives would be supporting it. I think they should have learned their lesson after how they treated the Ukraine-Canada free trade deal. They were basically silent on it the entire time, would not make a commitment and then suddenly started voting the way they did last week, to the surprise of the entire country.

I am wondering if the member would like to tell the House and Canadians whether she will be voting in favour of this bill or against it. Will we see a repeat of what we saw on other issues?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:10 p.m.


See context

Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Mr. Speaker, this is an example of the petty, gut-wrenching politics the Liberals partake in. All they do is deflect and divide. That is what they are good at.

If anybody listened to my speech, I posed a lot of questions, because that is what debate is for. Debate is for hearing different views, especially from different representatives across the country, to come to a formulated, educated solution or end goal.

I have asked how this bill is going to affect everyday Canadians. That is my question.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:10 p.m.


See context

NDP

Lisa Marie Barron NDP Nanaimo—Ladysmith, BC

Mr. Speaker, the member started her speech by talking about the importance of improving labour relations as a priority of the government. I am curious if the member could please share the ways the leader of the Conservative Party has shown this priority. Was it when he passed laws to make it harder for unions to win better pay for workers? Was it when he voted against establishing a minimum wage, twice? Was it when he made it harder to get a pension, delaying the retirement age to 67? Was it when he made CEOs and rich investors richer by giving away $55 billion in tax cuts to big corporations while cutting services?

Which is it? Is the Conservative Party in support of labour relations or lining the pockets of its rich friends?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:15 p.m.


See context

Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Mr. Speaker, we can see the NDP spinning its partisan talking points.

I am here thoughtfully discussing, and asking questions and seeking answers on Bill C-58. I asked questions throughout my remarks today about how this piece of legislation is going to affect everyday Canadians.

It is unfortunate to see the NDP marrying and partnering with the Liberals and being invited to sit next to them.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:15 p.m.


See context

Bloc

Jean-Denis Garon Bloc Mirabel, QC

Mr. Speaker, at least it has become clear that the member will probably not support the bill. I am surprised because the Conservatives normally try to find a carbon tax in bills to avoid supporting them, but there is no such tax in this one. The member is using the fact that some plants will use temporary foreign workers to deny workers fundamental rights and calling that a defeat. These foreign workers in Quebec obviously fall under Quebec jurisdiction.

Does my colleague agree that all temporary foreign workers, including workers who live here in Canada, should have decent working conditions and that, for all these workers, replacement workers should be banned?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:15 p.m.


See context

Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Mr. Speaker, if he had listened to my speech, I talked about what is contributing to the cost of living crisis, which is also contributing to why labour is the way it is today. Canadians are literally living paycheque to paycheque. Many Canadians are $200 or less away from going broke.

Canadians want to make sure there are jobs for Canadians and that what the government is doing in the contracts it is negotiating, to look at Stellantis, for example, ensures their jobs are at the forefront and are going to be protected. It looks like the government will not release the details of the contracts, so we do not know if the Liberals care about protecting Canadians' jobs.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:15 p.m.


See context

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, I know that in the member's riding, the government's track record is particularly horrific given the jobs it has killed through its attack on resource industries.

I wonder if the member would like to comment on the NDP tail suddenly wagging the Liberal dog, forcing a bill onto the House that the Liberals twice voted against when raised as opposition private members' bills. Does she have any comment on the credibility the government has when it comes to standing up for workers?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:15 p.m.


See context

Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Mr. Speaker, the credibility they have is zero. We see this with my private member's bill, Bill C-318. They voted against it and then they scooped it up and put it in the fall economic statement. It just proves that the Liberals are out of touch and out of ideas and that it is time for a Conservative government.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:15 p.m.


See context

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, on a point of order, I believe if you seek it, you will find unanimous consent to allow the member for Labrador to finish her speech and Q and A, which were interrupted due to technical challenges.