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 amends the Canada Labour Code to prohibit the use of replacement workers (scabs) during strikes and lockouts, aiming to promote fairer collective bargaining and labor harmony in federally regulated workplaces. The bill also includes measures related to maintaining essential services during labor disputes and aims to expedite decision-making by the Canada Industrial Relations Board. It has received amendments to shorten the implementation period and clarify the scope of prohibited replacement workers, but some concerns remain about potential loopholes and exclusions.

Liberal

  • Strongly supports anti-scab legislation: The speaker is personally very supportive of this legislation. He is proud of the Prime Minister and Minister of Labour for bringing forward this anti-scab legislation.
  • Hopes for unanimous support: The speaker notes that this legislation appears likely to pass unanimously and hopes that this will be the case. He believes that unanimous support would send a strong message about the importance of unions and labour harmony.
  • Impact on labour relations: The speaker reflects on the loss of final offer selection in Manitoba due to a lack of political consensus and suggests that this set back labour relations. He believes the current bill could have a positive impact on labour relations across the country.
  • Positive impact on economy: The speaker believes that this type of legislation would help Canada's economy and society as a whole. He notes that the labour movement has long advocated for issues such as pharmacare, pensions, and healthcare.

Conservative

  • Supported bill C-58: The Conservative party supported Bill C-58 through second reading and scrutiny at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. They thanked committee members for their work on the legislation, including their attention to stakeholder feedback.
  • CIRB needs improvement: The Conservative party notes that both employers and labour representatives have stated the Canada Industrial Relations Board (CIRB) needs to operate faster. They emphasize that it is the Liberal government's responsibility to ensure the CIRB is properly operating to resolve labour conflicts.
  • Government hypocrisy on replacement workers: The Conservative party criticizes the Liberal government for allegedly replacing public sector workers with external contractors and international workers, despite the bill's focus on replacement workers. They cited the ArriveCAN app and agreements with corporations building electric battery plants as examples.
  • Essential activities definition: The Conservatives raise concerns about defining 'essential activities' in the context of the bill's amendment to the maintenance of activities process. They note the challenges stakeholders have identified in determining what qualifies as work in the national interest, public safety, or critical infrastructure within limited timeframes.

NDP

  • Strong support for bill C-58: The NDP strongly supports Bill C-58, aimed at banning the use of replacement workers (scabs) in federally regulated workplaces. They see it as a crucial step in protecting workers' rights and promoting fairness in labour negotiations.
  • Historic fight for workers: The NDP emphasizes its long-standing commitment to anti-scab legislation, highlighting decades of advocacy and multiple attempts to pass similar bills. They view the bill as a historic achievement, resulting from their persistent efforts and collaboration with labour unions.
  • Empowering workers, curbing greed: The NDP believes the legislation will empower workers to negotiate fair deals and protect them from exploitation by large corporations. They argue it addresses issues of corporate greed and ensures workers receive the respect they deserve, particularly during inflationary times.
  • Criticism of Liberal actions: While supporting the bill, the NDP criticizes the Liberal government, stating they had to be pressured into action and that the initial legislation required strengthening through amendments. They also express concerns about potential future challenges from Conservative opposition.

Bloc

  • Supports banning replacement workers: The Bloc supports Bill C-58, noting Quebec banned replacement workers in 1977. They view the bill as a step forward for federally regulated workers' rights, but also as making up for lost time.
  • Implementation delay questioned: The Bloc questions the sincerity of the bill, considering the proposed implementation deadline. They proposed an amendment to have the bill come into force immediately after royal assent but it was rejected.
  • Proposed amendments rejected: The Bloc put forward amendments to include federal public service employees, remove exceptions to the prohibition rule, and establish an investigation mechanism similar to Quebec's, but these were rejected. They believe these improvements are essential for the bill's consistency and effectiveness.
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Canada Labour CodeGovernment Orders

May 24th, 2024 / 1:15 p.m.

The Deputy Speaker Chris d'Entremont

Pursuant to Standing Order 45, the division stands deferred until Monday, May 27, at the expiry of the time provided for Oral Questions.

The House resumed from May 24 consideration of the motion that Bill C-58, an act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, be read the third time and passed.

Canada Labour CodeGovernment Orders

May 27th, 2024 / 3:25 p.m.

The Deputy Speaker Chris d'Entremont

The House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-58.

(The House divided on the motion, which was agreed to on the following division:)

Vote #774

Canada Labour CodeGovernment Orders

May 27th, 2024 / 3:35 p.m.

The Deputy Speaker Chris d'Entremont

I declare the motion carried.

(Bill read the third time and passed)