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 / 1:40 p.m.

Some hon. members

Oh, oh!

Canada Labour CodeGovernment Orders

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

The Assistant Deputy Speaker Carol Hughes

Order, please.

I am sure the hon. member for Central Okanagan—Similkameen—Nicola has been in the House long enough to be able to answer without having anybody else try to do that for him.

The hon. member for Central Okanagan—Similkameen—Nicola has the floor.

Canada Labour CodeGovernment Orders

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

Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, I like how you think.

I would simply say to my fellow member from British Columbia, first of all, I understand he is not going to be running for re-election. I have always respected his contributions to this place, and I just want to put that on the record and wish him a merry Christmas when we go.

On the inflationary deficits, the carbon tax, the addition of things where we have plastic bans that are now being looked at for the packaging of foods, we have a government that seems to always have one dial, which is to spend, spend, spend. As we know from listening to macroeconomists, adding more fuel to the inflationary fire is not going to help deal with inflation. In fact, the government seems intent on doing that, which is why we have continued to press the government to address those core issues.

If I am not considered a friend of labour, I want to be. I try to listen to all views, whether they come from my riding or not, and I want to put all Canadians to work in meaningful and safe work.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:45 p.m.

Windsor—Tecumseh Ontario

Liberal

Irek Kusmierczyk LiberalParliamentary Secretary to the Minister of Employment

Madam Speaker, I am honoured to rise in the House of Commons today to speak about Bill C-58, the bill that would ban the use of replacement workers.

What this legislation would really do is strengthen workers and unions by strengthening one of the pillars of people power, the bargaining table. I come from a proud union town, a proud union town that knows how to build things. For over 100 years, we have been building cars and machines and tools for Canada, and we are darn good at it. What our unionized workers, brothers and sisters, have also built is a strong community of resilient and caring people who look after each other, and not only look after each other but fight for one another.

One of the ways we have been able to build this caring and generous community is through the bargaining table, with hard-won victories that improved wages, working conditions, health and safety and workers' rights and that provided time off to be with families.

In 1945, 14,000 Windsor auto workers at Ford went on strike. For 99 days they protested layoffs, unfair wages and working conditions, and after 99 days, they prevailed. Those Windsor workers stabilized the labour movement in Canada and provided the labour movement in Canada with a gift. It is called the Rand formula, which establishes and protects a union's right to collect union dues.

Every September, thousands of residents march in the Labour Day parade to celebrate all of the hard wins of the past and all of the hard wins of the present, while also recommitting to the next fight on the horizon to improve the lives of workers. I was proud to walk with Unifor, LiUNA, IBEW, the millwrights, teachers, nurses and so many others who work hard to provide for their families but also work hard to build their communities.

I want to take a moment to thank the Unifor bargaining committee that entered tough negotiations with Ford, Stellantis and General Motors just this October. Those were tough negotiations, tough bargaining, and our unions came away with the largest wage and pension increases in generations. Those hard-fought and hard-won improvements not only lift our auto workers but they lift our entire community.

That is the power of the bargaining table, and that is the power we are protecting here today with Bill C-58. It is the power of the bargaining table that we are strengthening.

In the last two years, our Liberal government has worked hand in hand with unions and workers to deliver some of the biggest wins in the history of our community of Windsor—Tecumseh. It is true solidarity. Together, we delivered the EV battery plant, which is just one example, the single-largest auto investment in the history of our community of Windsor—Tecumseh.

To understand the significance of the battery plant investment and to understand the importance of labour and the bargaining table and working together in that partnership, one has to understand the road my community has travelled—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:45 p.m.

The Assistant Deputy Speaker Carol Hughes

The hon. member for Sherwood Park—Fort Saskatchewan is rising on a point of order.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:45 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I am sorry to interrupt the member, but I have an important UC request for a motion on Bill C-57 that I think the House will want to hear: That, notwithstanding any standing order—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:45 p.m.

Some hon. members

No.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:50 p.m.

The Assistant Deputy Speaker Carol Hughes

I would again ask members that if they want to table unanimous consent motions, they should be conferring with all other parties ahead of time to ensure that, when they bring a motion for unanimous consent, they are getting unanimous consent.

The hon. parliamentary secretary.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:50 p.m.

Liberal

Irek Kusmierczyk Liberal Windsor—Tecumseh, ON

Madam Speaker, as I was saying, to understand the significance of the battery plant investment and to understand the importance of the partnership with labour and the importance of the bargaining table, we have to understand the road that my community has travelled these last 10 years. It was a hard road.

Eight years ago, when the Conservatives were in power, Windsor had an unemployment rate of 11.2%. Unemployment for young people was in the high twenties. Families were leaving Windsor for Alberta to find work in the oil sands. Under the Conservatives, Canada lost 300,000 manufacturing jobs. Of course, our community was ground zero for that devastation.

I remember those days. I remember the shuttered storefronts, the empty downtown, the “for sale” signs everywhere and the not-for-profits and charitable organizations struggling because they could not find volunteers because the donations had dried up. The Leader of the Opposition also remembers because he was the employment minister at the time, or as I like to call him, the minister of unemployment.

The battery plant that our Liberal government delivered, together with unions, workers and industry, is the single most important investment in the history of our community, with 2,500 full-time jobs for workers, 2,500 Canadian, local, unionized workers. It is our future. It is our hope. It is powered by strong unions. It is powered by strong workers. It is powered by—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:50 p.m.

The Assistant Deputy Speaker Carol Hughes

The hon. member for King—Vaughan has a point of order.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:50 p.m.

Conservative

Anna Roberts Conservative King—Vaughan, ON

Madam Speaker, the member referred to our leader as “the minister of unemployment”. That is false. There is no such title. What is he talking about?

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:50 p.m.

The Assistant Deputy Speaker Carol Hughes

That is a point of debate. It is an interpretation. I understand what the hon. member is raising, and I want to remind members that it causes disorder in the House.

I would ask the hon. member to not use that framing again. It does cause disorder in the House.

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:50 p.m.

Liberal

Irek Kusmierczyk Liberal Windsor—Tecumseh, ON

Madam Speaker, I will rephrase that by saying there are members in my community who refer to the Leader of the Opposition as “the minister of unemployment”. That is what members of my community—

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:50 p.m.

Some hon. members

Oh, oh!

Canada Labour CodeGovernment Orders

December 14th, 2023 / 1:50 p.m.

The Assistant Deputy Speaker Carol Hughes

I understand what the member is saying, but it is causing disorder in the House.

This happens on both sides of the House, and I would ask members to please be respectful and judicious when they are speaking about other members. There is a standing order that specifically says we should not be speaking disrespectfully about members in the House.

The hon. member for Northumberland—Peterborough South is rising on a point of order.