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 / 12:15 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

We have a point of order from the hon. member for New Westminster—Burnaby.

Canada Labour CodeGovernment Orders

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


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, this is completely irrelevant. We are talking about anti-replacement worker legislation, and a member cannot get up and just talk. If he has not read the bill, I would suggest he read the bill and get the information, but he has to speak on topic.

Canada Labour CodeGovernment Orders

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


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I just want to remind members that there is some flexibility during speeches. However, hon. members do need to ensure that their speech is related to the bill and should mention the bill from time to time during their speech, if possible, or aspects within the bill.

The hon. member for Battle River—Crowfoot.

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, I am always glad that the New Democrats are paying such close attention. If they would pay such close attention to Canadians, they would see how far off base they are with average workers, who I am speaking to from coast to coast to coast and who are attending the rallies of the Leader of the Opposition, the member for Carleton.

This is an interesting observation and it does connect closely to Bill C-58, and I am glad that the NDP member is paying attention. What we are hearing increasingly is that workers across this country feel abandoned by left-leaning parties in this country. They feel abandoned by an ideological focus on things that are shifting the conversation away from Canadians being able to prosper.

When it comes to the bill we have before us, the New Democrats are taking credit for it, yet I have seen them time and time again stand up and declare all the problems that exist within it. For example, they have stated that they do not agree with the 18-month window for its coming into force. We have heard from the minister who introduced the bill that there is some ambiguity as to who it would apply to. We see that it affects federally regulated sectors but does not affect the public service.

There are many holes in this legislation, and it is unfortunate the New Democrats seem to be so quick to sell themselves out for this slight grip on power they seem to have. We saw that obviously, which relates directly to the conversation we are having, when the leader of the NDP, only a number months ago when facing a confidence vote at his convention, drew a red line. The members of that party said that if they did not have pharmacare by the end of the year, the deal was done.

We see once again that we simply cannot trust what the New Democrats promise. We simply cannot trust what they say they are endeavouring to accomplish. The Liberals, in this coalition agreement, either have had some of the worst negotiations we have ever seen or are simply playing along with this tenuous idea of power or security, as they may be afraid to face the electorate in this country.

The member proved my point about how angry the New Democrats are about this. They seem angry about everything the Liberals are doing, yet they are the ones who continue to prop them up. That is no more true than in the situation we find ourselves in. We are debating a bill on replacement workers, yet we see the New Democrats supporting the government in bringing in thousands of foreign replacement workers on government-subsidized projects. Tens of billions of dollars are being spent to subsidize battery production facilities.

I will take a brief detour, if I could. I believe fully that a huge economic opportunity exists when it comes to energy in Canada, whether it is in traditional forms of energy or new clean tech. What I find absolutely tragic is that the ideological Liberals are so blinded by the idea that they have to be in control that they refuse to allow our economy to prosper. They refuse that of my constituents.

I am proud to be in the beating heart of Canada's energy industry. In fact, 87% of Canada's crude oil transits through a little town called Hardisty in my constituency. That may be an embarrassment to the left-learning parties in this House. The reality is that when it comes to the energy that powers our nation, that can power the world and that provides not only good-paying jobs to the folks I represent but the revenue and taxation to so much of what we have come to depend on in our country, it is an absolute embarrassment that the Liberals and the NDP have abandoned these hard-working Canadians for this ideological fantasy that is simply not worth the cost.

Let us get back to the foreign replacement workers. The situation we have before us is that the Liberals are quick to brag about the deals they have signed. However, what is very troubling is that while they brag publicly about the deals, they refuse to tell us what those deals are.

They talk about the number of jobs they are creating, but the misinformation, the disinformation and the competing information we get from the Liberals makes the Prime Minister's math that budgets balance themselves seem to be of top quality when compared to the scope of differences that exists between the different estimates we have seen on the number of individuals who will be brought into Canada, subsidized by Canadian taxpayers, and the dollars being sent to workers who are not from this country.

What is tragic about this conversation is that, in the beginning, it was a leader of the opposition who stood up in his place to share his outrage. He was outraged about the revelation of these foreign replacement workers and said that he was going to get to the bottom of it, that his MPs were going to fight for that every step of the way, yet it only took a couple of short weeks—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:20 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I hate to call a point of order because it only prolongs how much longer I have to listen to this, but do you think you could ask the member to at least return to the subject? You have already asked him once and stressed the importance of that. Perhaps he could return to the subject of the bill that we are debating today.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:20 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Although there is some leeway, I also was wondering when the hon. member would actually get to the bill itself. I would remind the member that he is to speak to the content of the bill. Yes, he can add some other content, but he should be focused on the bill that is before the House.

I have another point of order from the hon. member for Provencher.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:25 p.m.


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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, on that point of order, I was listening very closely to the member giving his speech. He was talking about the replacement workers coming to the Stellantis battery factory from South Korea. This is a piece of legislation about replacement workers, and he was directly referring to the replacement workers that the Liberals authorized to come—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:25 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I appreciate the hon. member adding to the conversation. The hon. member added a very minimal quality, but I want to make sure that the debate is on the bill itself.

I do want to allow the hon. member to finish his speech. He has almost three minutes.

I have another point of order from the hon. member for Esquimalt—Saanich—Sooke.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:25 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, if we are going to talk about the topic of this bill and use the term “replacement workers”, I would just like to point out that they are temporary foreign workers, however people feel about them. I happen to think that temporary foreign workers are a good addition to our economy. However we feel about them, they are not replacement workers under this legislation. Either the members are confused or they are deliberately—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:25 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I apologize. I had to turn up the volume on my speaker because I could not hear the hon. member that well, but I did get the gist of it. That would actually be a point of debate.

The hon. member for Battle River—Crowfoot.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:25 p.m.


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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, it is certainly always interesting, when I speak the truth in this place, the level to which it triggers the left in this country. The response is certainly astounding. While we debate the concept of a bill that would supposedly ban replacement workers, although there are some clauses that we could drive an electric vehicle through, it is quite fascinating to listen to other parties here, in particular the NDP. This emphasizes the point I was making. I think it has to do with the credibility the NDP is claiming on this legislation. While the NDP's leader and its members stood strong, demanding answers, it took only a couple of weeks for them to back down.

I wish I were kidding here, but instead of demanding that a parliamentary committee get the answers, get the contracts in this case and see the contracts, so that Canadians could know for themselves exactly what we were talking about, such as the number of replacement workers and what was negotiated on behalf of taxpayers, what did the NDP do?

This is not just a private company or private individuals. This is a minister of the Crown and a government department negotiating to the tune of tens of billions of dollars in tax dollars. That is not the government's money. That is Canadians' money. Instead of demanding accountability, although they feigned outrage in this place, what did the NDP do at committee? The NDP backed down and said it would just file an ATIP. Instead of demanding answers, the NDP would just file an access to information request. The government has repeatedly refused to abide by the most basic measures of accountability to provide the answers that Canadians deserve.

When it comes to the subject matter we are debating today, it comes down to the idea of trust. For the NDP, I do not know how its members can continue to trust the Liberals. For Canadians, it is increasingly clear that they cannot trust the left-leaning coalition that governs this country. When it comes to the best interests of workers, it is crystal clear, whether unionized or not, whether a new sector in the economy or a traditional one, the left-leaning coalition in this country does not have workers' backs. The good news is that Conservatives do. We are going to bring it home for Canadians.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:25 p.m.


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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, this is the third time that my Conservative colleagues have mentioned the use of replacement workers, or foreign workers, in factories in Windsor or in battery factories.

Bill C‑58 deals with something else entirely. That is crystal clear. Although the bill refers to “replacement workers”, I think that the Conservatives know that it is intended to prevent the hiring of scabs in the event of a labour dispute. Its aim is to finally prevent employers from using scabs during a strike or lockout and allowing the dispute to go on forever. That is unfair. We have had anti-scab legislation in Quebec since 1977. The question is clear. We are talking about scabs.

Will my colleague vote for or against Bill C‑58?

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:30 p.m.


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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I appreciate that the Bloc has been willing to partner with the official opposition in the sense that we are demanding answers, unlike the New Democrats who have abandoned their principles and sold out their ideology to simply attain some tenuous grip on power—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:30 p.m.


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An hon. member

Oh, oh!

Canada Labour CodeGovernment Orders

December 14th, 2023 / 12:30 p.m.


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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I would remind the hon. deputy House leader that I just reminded others a while ago that, when someone else has the floor, they should please wait until the next turn for questions and comments if they wish to contribute.

The hon. member for Battle River—Crowfoot.