Bill C-58 (Historical)

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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Status

This bill has received Royal Assent and is now 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

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

December 14th, 2023 / 1 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I actually feel sorry for the member. I genuinely believe that he is one of the more progressive ones in his party, yet somehow he seems to have been sucked down the rabbit hole of the member for Carleton and his talking points.

I genuinely do not believe that the member thinks that the inflationary impact has to do with government spending. He must know that it has more to do with global issues such as the war in Ukraine and the fact that every other country in the developed world is also experiencing inflation. Can he not, perhaps, at least agree that there are other factors that contribute to inflation?

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1 p.m.

Conservative

Scott Aitchison Conservative Parry Sound—Muskoka, ON

Madam Speaker, I would note that my Liberal friends like me a lot more when I agree with them, but the member is patently wrong in this particular circumstance. We have heard from the Governor of the Bank of Canada that inflationary borrowing and spending are exacerbating inflation. They are not the only reason; I will grant the member that. We have also heard from a former Liberal finance minister on the same topic, that excessive borrowing and inflationary spending are making things more expensive. We have heard from Scotiabank economists.

I am not making it up. I know that the member despises the member for Carleton, but the member for Carleton is absolutely correct, and he is not quoting his own numbers; he is quoting numbers we are hearing from the experts. I do not know why the Liberals do not agree with the experts, but the facts are there. I wish they would listen to them as opposed to their own Liberal talking points from the PMO.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, I have great respect for my colleague, who is almost from the north, but not quite.

The problem is that the Conservatives pretend that inflation just happened. I am looking at inflationary jumps that have happened for some time. For example, when the member for Regina—Qu'Appelle was Speaker, he held fundraisers for $125 a plate, including cigars, but four years on, it was $175 a plate with cigars. This is a huge inflationary jump—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, on a point of order, the member's comments are neither on the member's speech nor on the bill. I question the relevance.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1 p.m.

The Assistant Deputy Speaker Carol Hughes

I would again remind members that speeches and comments should be related to the matter before the House. If the hon. member for Timmins—James Bay could make the link, that would be great.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, I am trying to raise questions about the Conservatives' use of inflation to jump up prices for tickets when the member for Regina—Qu'Appelle was Speaker and holding fundraisers. There was a dramatic increase, and that needs to be explained. Were those global figures? Was it the Liberals, or was it the member for Regina—Qu'Appelle who—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:05 p.m.

The Assistant Deputy Speaker Carol Hughes

I do not see the relationship to the bill before the House.

I do not know whether the hon. member for Parry Sound—Muskoka wishes to weigh in on this, and whether he is able to relate it to the bill.

The hon. member for Parry Sound—Muskoka.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:05 p.m.

Conservative

Scott Aitchison Conservative Parry Sound—Muskoka, ON

Madam Speaker, it was a little jumbled; I will grant you that, and I think you are quite justified in being confused by what the member was talking about.

The fact of the matter is that inflation has definitely been far worse over the last few years of the government. It has spiked because of exactly what I have been talking about. While inflation has always existed, it is certainly a lot worse now and has been exacerbated by the government.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:05 p.m.

Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, I would ask the member to talk a little more about inflation and how it is affecting people, particularly working men and women right across this country, unionized or not. Maybe there is a message that he would like to share, especially in relation to the message from the member for Carleton, to let working people know there is some hope around the corner.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:05 p.m.

Conservative

Scott Aitchison Conservative Parry Sound—Muskoka, ON

Madam Speaker, the labour strife that exists in this country is, in large part, because life is too expensive. While the rights of workers to bargain collectively are important, it is also important for workers to be able to afford to put food on the table, heat their homes and drive to work if they need to do that, and the government is making these things more expensive with its inflationary spending and its carbon tax on everything.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, it is always an honour to rise in the House. I am certainly very proud to rise on Bill C-58, an act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, to end the practice in federally regulated workplaces of being able to bring in scab labour. This is something that New Democrats and the labour movement have fought many years for, and we are determined to make this a reality.

At the outset, I want to thank the member for South Okanagan—West Kootenay who spoke about the history, because history is important. He mentioned the history of the Rossland miners and the Western Federation of Miners, and the transformation they brought across this country.

I am proud to be from Cobalt where the 17th district of the Western Federation of Miners was formed under Big Jim McGuire. The fact that the fight for the eight-hour day began in the mines of Cobalt on April 28, the international day of mourning for workers killed on the job, relates directly to the Cobalt Miners Union winning the right to workers' compensation in 1914.

My grandfather, Charlie Angus, died at the Hollinger Mine, and my other grandfather, Joe MacNeil, broke his back underground at the McIntyre Mine. Both were members of Mine Mill and then the Steelworkers. When I was growing up, anybody who came from a mining town had a relative who had been injured or killed on the job. However, organized labour fundamentally changed that.

The right of labour to organize, the right of labour to fight for a better future, is the history of our country and of the United States. They talk about the birth of the middle class in the United States as being the 1938 sit-down strike in Flint, Michigan where the auto workers were not going to put up with precarious work—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:05 p.m.

Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, I rise on a point of order. The member is mentioning the United States. We are dealing with Canadian legislation here. Why is he bringing up U.S. situations?

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:05 p.m.

The Assistant Deputy Speaker Carol Hughes

I would remind hon. members, and I have mentioned this on a number of occasions, there is some leeway. As long as members bring it back to the bill and relate to the bill somehow, there is some leeway in the speeches.

On another point of order, the hon. member for Cowichan—Malahat—Langford.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:05 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I think you are going to see a pattern during the speech of the member for Timmins—James Bay. He is going to give a speech that is on topic, and we are going to see Conservatives stand up on bogus points of order. I would like the Chair to pay attention to this pattern.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:05 p.m.

The Assistant Deputy Speaker Carol Hughes

That was more a point of debate. I want to remind members that, when they rise on points of order, it would be best for them to point out the standing order they are bringing a point of order on.

The hon. member for Timmins—James Bay.