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 has also written a full legislative summary of the bill.

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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-58s:

C-58 (2017) Law An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
C-58 (2015) Support for Veterans and Their Families Act
C-58 (2013) Law Appropriation Act No. 5, 2012-13
C-58 (2010) Law Appropriation Act No. 4, 2010-11

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

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-58 aims to amend the Canada Labour Code and related regulations. The key provisions of the bill include prohibiting the use of replacement workers during strikes or lockouts in federally regulated workplaces, with certain exceptions for health and safety, and establishing a process for maintaining essential services during labour disputes. The bill also sets timelines for reaching agreements on maintained activities and allows the Canada Industrial Relations Board to intervene if agreements cannot be reached.

Liberal

  • Banning replacement workers: Bill C-58 will prohibit the use of replacement workers in federally regulated workplaces, with violators facing a fine of $100,000 per day. The Liberal Party argues that replacement workers undermine the collective bargaining process and prolong disputes.
  • Tripartite collaboration: The legislation is the result of employers, workers, and the government working together to address issues in Canadian labor relations. Consultations, though tense, allowed parties to reach agreements and improve the maintenance of activities process.
  • Maintenance of activities: The bill sets clear timelines for employers and unions to determine what work needs to continue during a strike or lockout, ensuring the health and safety of Canadians and preventing damage to property and the environment. If an agreement cannot be reached, the Canada Industrial Relations Board will make a determination within 90 days.
  • Supports collective bargaining: The Liberal speakers argued that by banning replacement workers, Bill C-58 will strengthen collective bargaining. They asserted that it will level the playing field between workers and employers, and lead to more stability and certainty for businesses, unions, and the public.

Conservative

  • Hypocrisy on replacement workers: Conservatives argue the bill is hypocritical because it does not apply to the federal public service and because the government is subsidizing foreign replacement workers at projects like the Stellantis battery plant while simultaneously restricting their use in federally regulated private sector industries.
  • Balance needed: Conservatives emphasize the need to balance workers' rights with a healthy business environment. They feel the Liberal government's policies have led to increased labor unrest and an unaffordable cost of living for workers.
  • Transparency concerns: Conservatives are demanding transparency regarding contracts for projects like the Stellantis and Northvolt plants, particularly concerning the use of foreign replacement workers and guarantees for Canadian jobs. They want to ensure Canadian tax dollars benefit Canadian workers.
  • Impact on the economy: Conservatives fear that the legislation could drive business investment away from Canada, potentially leading to fewer jobs. They also raise concerns about the potential for disruptions to critical supply chains and the overall Canadian economy.

NDP

  • Strong support for Bill C-58: The NDP strongly supports Bill C-58, anti-scab legislation for all workers governed by the Canada Labour Code. The party views this bill as a historic step towards upholding workers' fundamental right to strike and ensuring a fair balance of power during labor disputes.
  • NDP's long-time advocacy: The NDP has consistently championed anti-scab legislation, introducing multiple bills over the years, and views the current bill as a result of their efforts. They emphasize that this legislation is essential for protecting workers from exploitation and ensuring fair negotiations with employers.
  • Addresses power imbalance: The NDP argues that anti-scab legislation is necessary to address the power imbalance between employers and workers during labor disputes. They believe that allowing employers to hire replacement workers undermines the right to strike and prolongs disputes, leading to tension and potential violence.
  • Implementation timeframe concerns: While supportive of the bill, the NDP expresses concern over the proposed 18-month implementation timeframe, deeming it unnecessarily long. They plan to push for a shorter implementation period in committee to ensure the legislation's benefits are realized sooner for workers across the country.

Bloc

  • Strong support for bill: The Bloc Québécois strongly supports Bill C-58, an anti-scab bill. Members have been requesting this bill for a long time and want it passed quickly to restore balance in labour disputes.
  • Correct flaws in bill: The Bloc will vote for the bill, but it has flaws that need to be corrected in committee. Concerns include loopholes allowing employers to hire replacement workers before a strike notice, the bill not being retroactive, employers transferring workers to other sites, and the 18-month delay for implementation.
  • Eliminate implementation delay: The Bloc Québécois finds the 18-month delay before the bill comes into force unacceptable. They will push to shorten this timeframe so the bill can be implemented sooner and provide immediate dignity to striking workers.
  • Address Quebec's leadership: Quebec has had anti-scab legislation since 1977, and this bill aims to address the power imbalance in employer-union relationships and align federal regulations with Quebec's progressive stance. The Bloc has introduced numerous bills over the years to achieve this goal.

Green

  • Supports bill C-58: The Green Party supports Bill C-58, which bans the use of replacement workers during strikes and lockouts. They advocate for amendments to remove loopholes and exemptions that undermine the bill's purpose.
  • Strengthen the bill: The Green Party is calling for amendments to remove the 18-month delay before the bill comes into force and to eliminate loopholes that allow the use of replacement workers. They believe that a stable system of collective bargaining is essential for economic security.
  • Correcting Conservative misinformation: The Green Party clarified that workers from South Korea at the Stellantis battery plant, brought in under trade agreements, are not replacement workers and are unrelated to Bill C-58. They emphasized the importance of accurately understanding the legislation's focus on protecting the rights of unionized workers during legal strikes or lockouts.
Was this summary helpful and accurate?

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:30 p.m.

The Deputy Speaker Chris d'Entremont

I am going to cut the member off quickly. As it is the first round, the hon. member would have to ask for unanimous consent to allow the hon. member for Mégantic—L'Érable to share his time.

I take it the hon. member is asking for consent. I ask all those against the hon. member's moving the motion to please say nay.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:30 p.m.

Some hon. members

Nay.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:30 p.m.

Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Mr. Speaker, I appreciate that. Those who had the joy of sitting on the finance committee and listening to me speak for 18 hours while the Minister of Finance would not show up to defend her budget know I can go for 18 hours if members would like. I appreciate—

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:30 p.m.

The Deputy Speaker Chris d'Entremont

We have a point of order from the hon. member for Kingston and the Islands.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:30 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I believe if you seek it, you will find unanimous consent to allow the member to speak for 18 hours.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:30 p.m.

The Deputy Speaker Chris d'Entremont

There is a motion on the floor. Those who oppose that will please say nay.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:30 p.m.

Some hon. members

Nay.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:30 p.m.

The Deputy Speaker Chris d'Entremont

I am hearing a few nays. The hon. member for South Shore—St. Margarets has the floor.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:30 p.m.

Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Mr. Speaker, I very much appreciate the support from the member for Kingston and the Islands. I know that he loves to hear from me. I am disappointed in the member for Winnipeg North. There seems to be a division in the caucus on this issue.

As I was saying, our shadow minister for labour would normally lead off on this bill in second reading, but he is back home because he has had a death in his family. As the shadow minister for industry, I have been asked to lead off.

I would like to lead off by following up on the point that the member for Sarnia—Lambton made during the minister's intervention that the bill does not cover the Government of Canada, but the industries of the Government of Canada. I appreciate that the member is sticking to his knitting, but it is not unusual for the government to amend multiple bills or do omnibus bills if it truly believes in something. I think this is a bit like the shoemaker's children in that it is asking private sector companies regulated by the federal government to abide by a law that it is not asking public servants to abide by.

On the issue of replacement workers, the minister spoke quite at length, as is his right as the lead speaker and sponsor minister on the issue of replacement workers, so I would like to speak to replacement workers.

We know that one of the most critical things now is that the Parliamentary Budget Officer has indicated that a record subsidy to three large multinational auto companies has been brought in by the government. It is already $6 billion over its budget, or its claim of what the subsidy is, to over $43 billion over a six-year period for some of the largest foreign multinationals there are.

In doing so, the government has refused to release what those contracts are. The reason that pertains to replacement workers is that one of those multinationals has already sent their ambassador from South Korea, who I do not believe is freelancing, as I do not think ambassadors for South Korea freelance. The ambassador was in Windsor meeting with senior officials, the mayor, the chief of police, and telling everyone that Windsor had to get prepared for 1,600 replacement workers for the Stellantis plant replacing the Canadians that the minister said would be hired.

I will throw out what the Minister of Industry said. To be clear, it was not the Minister of Labour, as I do not believe that the Minister of Labour has spoken on this. He may have outside the House but not inside the House. However, the Minister of Industry said, “Today's announcement is great news for Canadian jobs” and the Prime Minister echoed the same thing. He said, “By working together, we are creating thousands of new jobs, making a difference in the lives of people now and making sure that future generations have a clean environment to live in.”

I think that folks who heard that announcement thought that the Prime Minister was talking about southwest Ontario and Windsor, but it turns out he was talking about working together to create thousands of new jobs for people in South Korea, using $15 billion, in that instance, of taxpayer money. As our leader has said, there are 15 million households—

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:35 p.m.

The Deputy Speaker Chris d'Entremont

I believe we have a point of order from the hon. member for Kingston and the Islands.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:35 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, this is the first speech from the Conservatives in this debate, and we are talking about the anti-scab legislation the minister has tabled and spoken to. However, this member is talking about something completely unrelated. He is talking about Stellantis, which is regulated by the Province of Ontario, concerning the workers there, and not by the federal government. He is nowhere near discussing the bill.

I am really hoping that you, Mr. Speaker, can encourage him to come back to the substance we are debating today and to be relevant.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:35 p.m.

The Deputy Speaker Chris d'Entremont

Considering the hon. member has 20 minutes, I will ask him to tie it all together as best as he can.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:35 p.m.

Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Mr. Speaker, I appreciate that the member for Kingston and the Islands does not want us to talk about the fact that the government, once again, is hypocritical and inconsistent in applying its philosophy on replacement workers. It not applying it not only to federal government workers but also to the contracts it signed with Canadian taxpayers.

Since the minister referred to replacement workers multiple times within his speech in the context of people doing other people's jobs, talking about replacement workers is what this is about. That is the way the minister introduced it and spoke to it. If I irritate the members for bringing up the fact that they did not have the courage to sign contracts with foreign multinationals that would prohibit foreign replacement workers from being employed in these plants and instead allowed it and did not make sure that taxpayer-funded foreign replacement workers were not part of the contracts they signed, then they have left themselves open to this problem.

Do the members of the government know who is disappointed by this? It is all Canadians who believed the government when it said it was protecting Canadian jobs in the unionized auto industry. All the unions that represent the auto workers in southwestern Ontario—

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:40 p.m.

The Deputy Speaker Chris d'Entremont

The hon. member for Mégantic—L'Érable has a point of order.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:40 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, if you were to canvass the House, I am sure you would find unanimous consent to allow my colleague to share his time with me on this matter.