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 / 5:40 p.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Madam Speaker, as I said earlier, the Bloc Québécois introduced 11 anti-scab bills before the government introduced this one. To give a little background, when the member for Bécancour—Nicolet—Saurel, the dean of the House, introduced his bill in 1990, the Liberals voted overwhelmingly in favour of it, but the Conservatives voted against it. There were also 133 members of the House who abstained from voting, including a few New Democrats. Had the NDP caucus been united at that time, we would have had anti-scab legislation in 1990. It is rather surprising to see that the NDP has not always sided with workers, but I am glad to see that they have changed their position today.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:40 p.m.


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NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Madam Speaker, I do not know the details of that situation, but we know that the NDP has introduced this type of bill in the past and has supported anti-scab bills introduced by other parties, including the Bloc Québécois. Our priority was to ensure that this was part of our work in collaboration with the other parties, including the Liberal Party. To us, it is obvious that we need to move as quickly as possible without waiting 18 months for this bill to become a reality because the workers need it now.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:40 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I am pleased to rise in the House to speak to Bill C‑58, which is being studied thanks to the NDP. It is thanks to the efforts of the member for Burnaby South, as well as our critic and deputy leader, the member for Rosemont—La Petite-Patrie, that we are here debating another anti‑scab bill. This is the eighth time the NDP has introduced such a bill in Parliament, but we know that it will stick this time. For anyone from any party to claim the opposite would be absolutely false. The NDP has been championing this cause for years. Eight times we did not succeed. However, NDP members keep working until we do succeed. This bill is a win for all workers across the country.

I should also point out that we desperately need this NDP bill in the House of Commons. First and foremost, let us look at the gap between CEOs' annual pay and workers' annual pay across the country. Over the past 15 years or so, first under the Conservatives and then under the Liberals, the gap between what CEOs earn and what workers get has doubled. Seventeen years ago, before the Harper regime began, the ratio was 200 to 1, meaning CEOs earned $200 for every dollar a worker earned. Today, after 17 years of this corporate coalition, we see that the gap has doubled. CEOs now earn around 400 times what workers earn.

It is extremely important to have a fair and level playing field for bargaining. That is what this NDP bill does. It ensures that workers who are negotiating in good faith can now improve their situation while doing their job. For example, they can vote in favour of a strike knowing that their employer cannot use scabs to take away their power to get fairer wages, a health plan and a safer, more secure workplace. These are all things that workers are seeking.

Magali Picard, the president of the Fédération des travailleurs et travailleuses du Québec, said it like it is:

Finally! That is what we feel like saying. We must commend the...government for its courage in resisting the employer lobbies and recognizing all of the hard work that has been done by the NDP, not to mention the unions, including the affiliates of the FTQ, which have constantly exerted pressure over the years so that the governments in place would introduce a bill to protect workers. Too often, unscrupulous employers under federal jurisdiction have taken advantage of the lack of anti-scab legislation to continue operating during labour disputes by hiring scabs. This bill meets our expectations.

Let me repeat what Ms. Picard said: “recognizing all of the hard work that has been done by the NDP”. That is important. That is why the NDP pushed so hard and worked so tirelessly to get this bill introduced. Now, of course, we are going to see to it that the bill is improved, because there are still elements in it that need to be improved.

When we talk about Bill C-58 and the NDP's long battle, over decades, to bring anti-scab legislation, anti-replacement-worker legislation, to the floor of the House of Commons, we have to understand the why of this. I can give no better illustration than just last weekend, when I was back in my riding of New Westminster—Burnaby. There are picket lines there that, of course, the member for Burnaby South, the leader of the NDP has visited. The members for Vancouver Kingsway, Vancouver East and Port Moody—Coquitlam, and, in fact, all members of the Lower Mainland caucus of the NDP, have been on the picket lines for the Shaw workers who were locked out by Rogers.

Rogers, with the rubber stamp of the federal Liberal government, took over Shaw cable, a company that worked for a long time with unionized workers. It locked them out immediately because the workers wanted to continue to have their jobs; to continue, in good faith, to negotiate adequate salaries; and to make sure that work was not contracted out and, in that sense, hurting the entire community. The workers expected to see a negotiation in good faith. That is not what Rogers did. Rogers locked them out and immediately hired replacement workers. I have been on the lockout lines, as have my colleagues from the Lower Mainland NDP caucus. We have not seen Liberals there. We have not seen Conservatives there. It has been New Democrats standing up for the workers, the hundreds who have been locked out.

The reality is, in an example like that, in federal jurisdiction, that the use of replacement workers is a benefit to the corporate executives who have decided to take the step. It is not in the interests of the community, of the public, nor even of the company. The executives took the decision out of pure greed.

Eighteen months would be ridiculously long. The NDP is going to change that. However, the reality is that once Bill C-58 is implemented, companies like Rogers would have to act responsibly. They would have to sit down. They would have to negotiate in good faith. They would have to ensure that what they are doing is negotiating an agreement with their workers in good faith and above board.

The bill is something that would level the playing field for workers. We have seen a massive concentration under the Harper regime and under the current government, where corporate executives have basically had all of the power. They have been able to take massive amounts of money overseas, as the Parliamentary Budgetary Officer tells us, $30 billion of taxpayers' money every year. That is money that could be going to seniors, students and families. It is $30 billion every year, as a result of the Harper tax haven treaties, that is taken offshore. Many of the corporate executives are the same ones who want to negotiate in bad faith with their workers and to lock out their workers, as we have seen in the Rogers-Shaw case, where the Shaw workers were locked out and are now seeing replacement workers stealing their jobs.

The reality, and the important thing to note, is that levelling the playing field is in the interests of the entire community, because strikes and lockouts last a much shorter period of time. There are not the prolonged lockouts and strikes, because the use of replacement workers means that corporate executive do have to sit down and negotiate in good faith. They do have to negotiate in the interests of their business. They do need to negotiate in the interests of their community. It changes everything when the playing field is levelled. That is certainly what we have seen in British Columbia and in Quebec. The anti-scab legislation has actually led to fewer labour disputes, because management is finally compelled to actually negotiate in good faith with the workers in their jurisdiction.

I come from the shop floor. I worked in plastic factories. I worked in the Annacis Business Park. I worked in a unionized situation at the Shelburn oil refinery, which is now closed. My life was a working life, and I saw the difference between non-union and union work. The reality is that working people do better when unions are present and laws provide for a level playing field for negotiation. The middle class counts because of organized labour and people working together.

I am hoping the Liberals have finally been convinced to vote for the legislation. I salute that. I understand that the Bloc will be voting for it. That is important too.

Above all, if Conservative members really believe in the middle class, working families and working Canadians, they need to get off the fence and vote for this legislation. I know the member for Carleton is obsessed with the price on carbon. There is nothing about the price on carbon in this bill, so Conservatives can vote “yes” on Bill C-58.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:50 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I am sure the Conservatives will find some rare excuse to link it to the price on pollution, as we have seen with other pieces of legislation.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:50 p.m.


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An hon. member

Oh, oh!

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:50 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I will acknowledge the hon. member who just spoke out of turn. I would ask him to wait, because there is more time to ask questions and make comments.

The hon. deputy House leader.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:50 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

To be fair, Madam Speaker, I did not even notice it; I am used to a lot of yelling on that side.

The Liberals ran on this idea, as did the NDP. I genuinely believe that, because of the partnership we have with the NDP, we have a better piece of legislation now that Canadians can feel very proud of. Could the member for New Westminster—Burnaby inform the House of what it is like to be an adult in the room?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:50 p.m.


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Some hon. members

Oh, oh!

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:50 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Order. Other members seem to want to answer that question, but it is not their time to answer. If they want to ask questions, they should stand when it is time.

The hon. member for New Westminster—Burnaby.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:55 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I would remind my colleague and friend that the Liberals ran for 25 years on pharmacare and 20 years on dental care. They never did it. They ran for a decade on anti-scab legislation, but they voted against it when the NDP brought it forward. The difference is that, this time, because of a minority Parliament, New Democrats are forcing the Liberals to do what they said they would do and never do when they hold a majority government.

Yes, we are the adults in the room and the NDP is forcing the Liberals to do the right thing, from which all Canadians will benefit.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:55 p.m.


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An hon. member

Oh, oh!

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:55 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I will remind the member that he had an opportunity to ask a question. If he wishes to continue to participate, he can stand at the appropriate time.

Questions and comments, the hon. member for Calgary Centre.

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:55 p.m.


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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, I thank my colleague for his impassioned speech. I am used to that from him in the House.

I am going to ask the member a very serious question. He knows as well that the Liberal government previously voted against this same legislation before it was in partnership, as my colleague across the way calls it, with his party, the NDP. They are exposed now as being off to see the wizard together.

Will the member comment on how the Liberals have completely flip-flopped on this in order to buy the support of his party for who knows how long in the House of Commons?

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:55 p.m.


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An hon. member

Oh, oh!

Canada Labour CodeGovernment Orders

November 27th, 2023 / 5:55 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I want to remind the member that it was not his turn to answer that either.

I would ask members, in order for the House to continue to function smoothly, that they wait until it is the appropriate time to ask a question, make comments or respond to a question.

The hon. member for New Westminster—Burnaby.