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

December 14th, 2023 / 1:35 p.m.

Some hon. members

No.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:35 p.m.

The Assistant Deputy Speaker Carol Hughes

There is already no unanimous consent. It is obvious that somewhere along the line something went wrong. I would ask members who are looking for unanimous consent to make sure they have it from all parties before they come to the House.

Questions and comments, the hon. parliamentary secretary to the government House leader.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:35 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, the member made reference to patterns. One of the patterns that I have seen is with respect to the Conservative Party having adopted the MAGA politics, which are coming from the south into the office of the leader of the Conservative Party of Canada.

Conservatives say one thing, for example, that they support workers, yet none of them stood up to say how they were going to—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:35 p.m.

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, I rise on a point of order. The member opposite is bringing U.S. politics into something that does not even relate to what we are discussing here today, so—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:35 p.m.

The Assistant Deputy Speaker Carol Hughes

That is a point of debate.

The hon. parliamentary secretary.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:35 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, we all know the degree to which there is a lack of respect for organized labour from the MAGA right. This is something on which we have been challenging the Conservative opposition party.

What will Conservatives do with respect to Bill C-58? Will they or will they not support the legislation? They have not been able to answer that question. I suspect, if it has anything to do with their pattern, it is because of the MAGA movement from the States that is coming to Canada via the Conservative Party.

Can the member say whether or not he is voting in favour of the bill?

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:35 p.m.

Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, when I start talking about the very real concerns of federally regulated, provincially regulated and average, non-unionized workers, the member somehow tries to make it some sort of conspiracy theory. When the member starts spouting what seem to be conspiracy theories about how this is connected to this group and this group is connected to this group in the south, it sounds a little crazy to me.

If we cannot clearly express what our constituents are going through, the challenges they have and whether the government legislation is meeting the real needs of the people I mentioned, what else do we have to talk about here?

The member can keep asking those kinds of questions in disrespectful ways, or he can start to listen and not name-call.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:40 p.m.

Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, the question as to whether our Conservative colleagues are in favour of this bill to prevent the use of scabs in the event of a labour dispute, strike or lockout is certainly relevant. It is a simple question.

The reason this bill is under consideration now is that, for decades, the Bloc Québécois has been lobbying for governments to pass anti-scab legislation. This is also happening because thousands of workers are pressuring the government.

We have had similar legislation in Quebec since 1977. In Canada, however, it took significant pressure for this bill to see the light of day.

Will you tell workers that you support the anti-scab legislation proposed by Bill C-58, yes or no?

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:40 p.m.

The Assistant Deputy Speaker Carol Hughes

I would remind the hon. member that she must address her questions and comments through the Chair, and not directly to the hon. member.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:40 p.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, I rise on a point of order. I would like the record to show that the member for Dufferin—Caledon tried to have the House pass Bill C-57, the Canada-Ukraine free trade deal, and the Liberals refused to pass it. That is what Conservatives were putting forward.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:40 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Number one, Madam Speaker, that is not a point of order. No such question was put to the House. I would suggest the ruling on the member's point of order is that it is not a point of order.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:40 p.m.

The Assistant Deputy Speaker Carol Hughes

This is becoming debate.

If hon. members want to continue having a conversation about this, they should take it into the lobby, please.

The hon. member for Central Okanagan—Similkameen—Nicola.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:40 p.m.

Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, my command of the French language is not the best, but I will try to answer the Bloc Québécois member's question.

With regard to Bill C-58, what is important for me, as a western MP, is to fully understand how this works in Quebec. That is a question I will be asking Conservative Party members from Quebec. I hope I will have a clear answer for the member.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:40 p.m.

The Assistant Deputy Speaker Carol Hughes

I would remind members that when someone else has the floor, it is nice to give him the attention he deserves, especially when he made such an effort to respond in French. Members on both sides of the House were having conversations, and I would remind them to respect those who have the floor. It is good to hear what they have to say because members may have other questions for them.

The hon. member for Esquimalt—Saanich—Sooke.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:40 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, once again, I find it very hard to connect the member's speech to the subject in front of us. I suspect that is because the Conservatives do not really want to take a position on the anti-scab legislation because they are busy posing as friends of labour.

By talking about inflation, is the member actually saying that it is workers' wages that are driving inflation? The Conservatives have been arguing all the time that it is the carbon tax. When we look at what is driving inflation, we find it is the war in Ukraine and the increasing greed of corporate profits in the gas and oil industry.

Is the member, by focusing on inflation, saying it is the workers' fault inflation is happening?