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

December 14th, 2023 / 11:40 a.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, right now I am voting to protect Canadian jobs. Right now, we have a problem with foreign replacement workers and we are not getting any answers. I am more than happy to talk about Bill C‑58, but we want answers. We are taking advantage of this debate to ask the government why companies will be hiring foreign replacement workers. In our opinion, that is the same thing as bringing in scabs. We are bringing in people from outside Canada to fill Canadian jobs. That is what we want to know today.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 11:40 a.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, right now across Canada we are seeing a cost of living crisis, and this bill would do something important. It would ensure a level playing field, giving workers the power to negotiate as equals with their employers.

We know the Conservatives have supported back-to-work legislation repeatedly, so I am wondering on which side the Conservatives are. Are they on the side of the workers or the side of the CEOs, who make so much when workers make so little?

Canada Labour CodeGovernment Orders

December 14th, 2023 / 11:40 a.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I think my speech was clear. The current situation in Canada is unprecedented. This government has put our public finances in a very bad state, and has caused unprecedented inflation and interest rate hikes. Workers can no longer make ends meet. They do not have enough money to pay their rent and their other bills at the end of the month. That is the problem. All of the opposition parties need to work together to stop the government from continuing to spend recklessly.

The House resumed consideration of the motion that 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

December 14th, 2023 / noon


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, as always, it is a pleasure to rise in the House to speak to things that matter to my constituents and to myself.

I did want to take this opportunity first of all to congratulate Tchadas Leo. He is not in my constituency now, but he grew up there. He actually used to be my sons' French tutor. He was just named on Amazon's 2023 best Canadian podcasts of the year list, so that is very exciting. He does tremendous work and talks about the indigenous realities. I really appreciate his work and wanted to acknowledge him today.

We are in this place, so close to the end, talking about a bill I am particularly passionate about, Bill C-58. This is about prohibiting the use of replacement workers and modifying the business continuity process. The reason this is so important to me and to the riding I represent is that we all appreciate the amazing work unions do.

In the House, I talk a lot about there being a bar of dignity in Canada. I feel the bar of dignity is sinking. We need to raise it up so all Canadians have a level of dignity that is acceptable, which means one just has enough to exist and get by without being afraid every day about one's future.

I really need to thank unions. Part of the reason we have all the social programs in this country is the hard work of labour unions. They remind us again and again to work for one another, to care about one another and to make sure that, when people work, they are treated with the dignity they deserve.

This bill is so important because it really is about looking at the system we have in Canada and understanding that, all too often, workers lose their power because replacement workers are able to go in and fill those positions when they are doing their important work of standing up against employers on issues that really matter.

The reality is that we know workers across this country deserve a lot more respect. They are working hard every day doing what is best, and they are still falling behind. This is an epidemic we are seeing in this country that needs to be dealt with. We need to see better wages, and we need to see better working conditions. The NDP has a long documented history of always working on the side of workers and listening to those voices.

In fact, when it comes to this legislation, the NDP is in an agreement that forced the Liberal government to move forward with this meaningful piece of legislation. We know this because the NDP introduced anti-scab legislation in this place eight times in the last 15 years. In fact, the last time it came up for a vote, the Liberals and the Conservatives voted against it. This just tells us that there is a long history of the NDP being here, and we took what power we had with 25 members to make sure workers are better represented in this country and have more power in this country, and it is about time.

Like unions, and like workers across Canada, we did not give up. We kept working diligently. We know the fight is hard and significant. We know that because right now, across this country, people cannot afford the food they desperately need to exist. As that is happening, grocery stores are making some of the biggest profits, especially those big box ones. It is not those local ones in our communities, which often do so much for the community, such as pay for sports clubs and help out. An example of this is Quality Foods in Campbell River ans what it does with the fireworks every Canada Day. It is those big box stores that are taking home huge profits at the expense of workers.

We know, for example, that Galen Weston makes 431 times the average of the workers who work for him. Those folks who work every day on the front lines are interacting constantly with people. They are seeing people who cannot afford the groceries they have in their carts and need to put items back on the shelves. Often, workers in those grocery stores cannot afford to shop at the grocery store they work at. They have to go to food banks to make ends meet, and Galen Weston is making over 400 times the amount those workers are. That just tells us one of the things we need to address in this country is that growing inequity. It is happening. We can see it.

There is a lot of research showing that the top 1% continue to make more money and pay less in taxes while everyday workers work hard, get paid about the same and, knowing that inflation is impacting their income, keep working hard and paying their fair share in taxes. I hope that we, as a place that understands the bar of dignity for all Canadians, start considering that. Even though Galen Weston makes that much, the average these top CEOs are making is 235 times what their workers are making. I think that is totally unacceptable. It is something that all of us in this place should be addressing, and this is one step toward doing that.

What is a scab? A scab is a person hired after the notice to bargain has gone out. These people are coming from other employers to work in a facility as contractors not already hired by the employer until a strike action happens. As a member who represents a more rural riding, I can say that right now the impact this has on community is profound. We see people we grocery shop with out on the line every day standing up for their rights as workers and see others walking past that line to work somewhere. Some have to keep fighting and are not getting paid or getting the supports they need and it decimates communities. It is really profound. That is why we are fighting for this.

We also know that corporations are getting more tricky. They may have people out on the picket lines while getting people to work remotely. This legislation matters because it is for all of Canada. I recognize that both Quebec and B.C. have anti-scab legislation. We know where that came from in B.C.; it was definitely the New Democrats. However, it has to be across the country and it needs to be more fulsome so we can protect workers.

Is it not time we started to protect workers in a more meaningful and profound way? We know that workers have waited long enough. How many more years do they have to wait? How many times has this promise been made and not followed through with? We are going to make it happen and we are really happy to do this.

What this means for people is protection against replacement workers, which gives workers more power in negotiations and helps to have a more balanced bargaining table. That is incredibly important. We know that using scabs again and again creates unforeseen things. We have heard stories of the violence that often lingers in communities much longer than the labour dispute. We know that workers have even been injured or killed as a result of these tensions. When people are doing their very best to survive and see other people limiting their ability to do that, it raises a lot of concerns, and we do not want to see violence increase.

Of course, whenever workers are replaced, it means employers get to continue on like nothing is wrong, not acknowledging safety issues and issues around how much people are compensated. These things become difficult and this legislation is going to make all the difference.

I want to thank the president of the Canadian Labour Congress, Bea Bruske, who said, “We have seen years of record corporate profits while workers’ pay lagged far behind. Workers are rightly demanding fairer wages, better safety standards and respect from their employers.” She went on to say, “If we ban the use of scabs once and for all, we can take a real step towards less labour disruptions, avoiding work stoppages and building a more balanced economy—while increasing the benefits and respect workers deserve.”

We need to see a country that focuses much more on workers and looks at the power they need and rightfully should have. What we want to see in this place is more cohesion so we can support those workers. We know that often disputes last six times longer when employers use scabs than when there are no scabs. That, for me, is enough. We need to make this right.

Again and again in this place we have seen back-to-work legislation come forward and both the Liberals and the Conservatives have supported it. It is absolutely time to stop that. Let us get it done by having this in place.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:10 p.m.


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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, I have been listening quite carefully to the speeches coming from members of the NDP. I notice they keep using the term “fair share” of tax.

I wonder if the member could articulate for the House what exactly they mean by “fair share”? Is there a percentage? We know that high-income earners in Canada pay between 50% and 55% of their income toward income tax depending on which province they live in, so what percentage is the right percentage? What do they call fair?

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:10 p.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I am so sad to hear that lack of understanding and awareness in this place, and I really encourage the member to do research. We know that people who have the—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:10 p.m.


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An hon. member

Oh, oh!

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:10 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Order. There are opportunities for questions and comments. If members have questions and comments, they need to wait until the appropriate time. A member has already been recognized, and I would ask others to wait to ask a question at a different time.

The hon. member for North Island—Powell River.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:10 p.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, thank you for that. It is unfortunate that members feel so defensive that the only result is to yell while I am giving a simple answer.

Fairness is not a reality in this country. We know that the top 1% earners are getting so much more. They are paying less tax because they are using every tax loophole. In fact, some are hiding their money overseas. These are policies that the Liberals and the Conservatives have continuously supported. That is unfortunate but it is the reality.

I encourage all members to talk to everyday working people, who pay their fair share of tax, about how it feels when other people do not pay theirs. I also want to remind the Conservative Party that the Conservatives in the U.K. acknowledged this by having a windfall tax and making sure that money went back into communities to support them during very trying times.

We know this is a reality. There are a lot of graphs out there. I encourage them to do their research.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:10 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

Madam Speaker, anti-scab legislation has been an important personal issue for me for many years, dating all the way back to 1988 and 1989 in my first few years as a parliamentarian. I was really glad when the Prime Minister incorporated that into our last election platform, and I am really glad that three political entities in the chamber are committed to getting anti-scab legislation through.

What I find interesting is that the Conservatives have yet to say how they are going to vote on the legislation, yet out in the communities, they are telling people that they are for the workers.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:10 p.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, we honestly do not know where the Conservatives are on this very important bill, which would bring more balance to workers. This bill focuses solely on workers and it is an opportunity. We know that the corporate-controlled Conservatives have a hard time working for people. They like to say things, but when it comes to workers, they do not do them. We have seen that in how they vote for back-to-work legislation repeatedly.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:15 p.m.


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NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Madam Speaker, I thank my colleague for her clear message today that we need anti-scab legislation and for her reminder of how critical this legislation is for workers' rights and for fairness for workers and all of us. It is a historic moment, as we are seeing the NDP once again standing up for workers, standing up for Canadians and fighting back. However, we have the Conservatives, in a party that has revamped itself recently and is pretending to defend Canadians who are struggling, who are refusing to get behind anti-scab legislation.

Can my colleague share her views on why the Conservatives are refusing to stand up for Canadian workers?

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:15 p.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, that is a really important question. My grandma used to always say the proof is in the pudding. We know that actions speak louder than words, and what we have seen again and again with the corporate-controlled Conservatives is that they choose their corporate friends over hard-working Canadians. They can say they are about the working class, but again and again their actions show that that is not their focus and it is not what they do. It is one thing to say something; it is a completely different thing to do it. The NDP will continue to do the work that matters so much to workers across this country.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:15 p.m.


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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, it has been interesting to observe the debate that has been taking place in the chamber here today on Bill C-58. I would note a couple of observations, if I could, because I believe they provide important context to the conversation we are having.

One observation that I note to members and to the many Canadians who I am sure are watching is the flip-flops we are seeing in this regard. We have the Liberals desperate to keep the NDP onside, yet it seems like the New Democrats are quick to sell out when it comes to holding on to the thread of power they feel they have. We hear the New Democrats talk tough against the Liberals in one sentence; then they walk down the street to committee.

The leader of the NDP said in the beginning that committees would not be affected by the confidence and supply coalition agreement, yet we see the New Democrats capitulating to the—