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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

Seamus O'Regan  Liberal

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

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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

November 22nd, 2023 / 4:50 p.m.

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Mr. Speaker, despite the respect I have for my colleague, he knows full well that he is completely off topic. We are debating a bill about anti-scab legislation. He is taking advantage of this, with the Chair's full knowledge, to debate a topic that is being dealt with at the Standing Committee on Industry and Technology. I believe he should take parliamentarians seriously, be rigorous, and debate the bill we are seized with today.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:50 p.m.

The Deputy Speaker Chris d'Entremont

As always, members are allowed to stray from the subject, perhaps far too far. I would ask the hon. member to make sure his speech remains germane to the subject at hand.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:50 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I appreciate my colleague's remarks.

I will make a very direct connection. Bill C‑58 states that the Liberals will implement the legislation in 18 months. Once again, the Liberals are making a promise they will not keep.

I want to demonstrate here in my speech to all my colleagues that the current government's word is not worth much, so I want to look at what they have written on paper and see what that will prove. That is why we are anxious see the contracts of the Stellantis plant and of Northvolt, whose plant will be built in the Bloc Québécois leader's riding, Beloeil—Chambly.

In the Volkswagen contract, what kind of commitments were made to ensure that Canadians' money will be given to Canadian workers? That is our concern in the case of Stellantis. We absolutely must have access to these contracts, and given the magnitude of public funds involved—

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:55 p.m.

The Deputy Speaker Chris d'Entremont

The member for Longueuil—Saint-Hubert on a point of order.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:55 p.m.

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, I think that the Chair ruled earlier. She gave the member a break, but he is taking advantage. That was two minutes ago and he is still hammering on about Stellantis, which has nothing to do with the extremely important bill we are now debating.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:55 p.m.

The Deputy Speaker Chris d'Entremont

As always, we try to provide some leeway. At the same time, I am trying to do my best to ask the member to make a connection between the two matters he is attempting to raise.

The hon. member for Mégantic—L'Érable.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:55 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, the important thing is to know if these contracts and bills being introduced today are of any value to Canadians. That is a very good question we must ask ourselves.

Unfortunately, what we have realized, what we have seen and what we have discovered is that 1,600 jobs at the Stellantis plant are reserved for foreign workers to replace Canadian workers who could have been hired to do the work. We know because the company itself contacted the chief of police and the municipal authorities to say they needed places to house 1,600 foreign workers to replace the workers. That is really alarming.

Let me continue. In the call for tenders, to show the extent to which—

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:55 p.m.

The Deputy Speaker Chris d'Entremont

The member for Elmwood—Transcona on a point of order.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:55 p.m.

NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I think that one of the important questions raised during this debate is whether the Conservatives actually know what a replacement worker is. We are starting to wonder whether they even understand the term.

Perhaps our colleague could just reassure us that he does in fact know what a replacement worker is, notwithstanding the spin that the Conservatives are putting on the term today in the House of Commons.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:55 p.m.

The Deputy Speaker Chris d'Entremont

I would say that that is a good question to bring up when we get to questions and comments. Nevertheless, I will ask the member to resume debate on Bill C‑58 and try to explain the connection with the Stellantis issue, if possible.

The hon. member for Mégantic—L'Érable.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 4:55 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I absolutely do not believe the Liberals intend to implement this bill in 18 months' time. They want to get through the next election and let the debate die down on its own. That is the reality.

How can I be sure about that? I see it when I look at the contracts that have been signed but that we have not seen, the contracts that will allow for a third of the employees hired at Stellantis to come from overseas. If anyone does not believe me, if people and the NDP are not worried, I for one am very concerned about what is happening.

Let us consider the criteria in the job postings that have been published. Candidates applying for the position of general affairs specialist will have to be fluent in Korean. The company is looking for an electrode quality engineer. These are well-paid jobs. The job posting says that bilingualism in English and Korean is preferred. The plant down there is not even asking for a little bit of French.

What about the plant that will be built in the riding of the leader of the Bloc Québécois? Does the leader of the Bloc Québécois want to know whether the spinoffs of the plant that will be built in his riding will provide jobs to his constituents?

Is anyone making sure that the union jobs created through the contract the federal government has signed with these multinationals will go to Quebeckers?

Will there be the same requirement for knowledge of French for these jobs, or is the company going to demand knowledge of Swedish? Is it going to ask for knowledge of German for the other plant, over in Ontario? It is very worrying.

This is why it is absolutely necessary that we get to see these contracts. We cannot take the Prime Minister's word for it. He underestimated the cost of this project by several billion dollars before the shovels even hit the ground. He said the project would break even in five years. We now know that it will take 20 years.

As for this government's plans to implement Bill C‑58 in 18 months, I will believe it when I see it. In my opinion, what worries Canadians now is whether the money that Canadian families are giving the government is being used to fund good union jobs for Canadian workers.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 5 p.m.

Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Mr. Speaker, I sincerely hope you will reread that speech if you have time after your workday is done, because what you just saw was a perfect example of a Conservative member from Quebec feeling uneasy about his party's position.

Quebec has long-standing anti-scab legislation. The federal government does not. Now a bill has suddenly come along, and this member is ill at ease with his party's position. He would not be able to look his constituents in the eye and tell them he opposes anti-scab legislation. He is making all kinds of excuses.

Now, I am going to ask him a very simple question. Should the Conservatives form the next government, will the Conservative Party introduce a federal anti-scab bill?

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 5 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I have the interests of all Quebeckers at heart, particularly those of voters in the riding of Beloeil—Chambly.

Let me quote the Bloc Québécois leader, who said Northvolt's involvement in his riding “could help Vallée-du-Richelieu develop a whole innovative, high added-value supply chain”.

I would like the government to show us, in the contract, the guarantees it secured regarding workers. Will the workers be Quebeckers? Will francophone Quebec workers be able to participate and be hired? What about the natural resources? Will the company be able to get them from Abitibi? What about processing? I was mayor of a mining town, and I saw our materials get processed all over the world, without a cent staying in this country.

These are valid questions, and I am very proud to tell Quebeckers I am here to defend their interests.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 5 p.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I know my friend from Mégantic—L'Érable is an honourable member, so I was rather confused when neither he nor the speaker before him addressed any of the content of the bill and seemed to not understand the definition of “replacement workers”.

I wondered why, as an honourable member, he would try to conflate these two ideas and distract from the matter at hand. I then realized that it is because his party has never supported the rights of workers and has voted against precisely this kind of legislation on numerous occasions. In fact, in 2016, his colleague, the member for Louis-Saint-Laurent, said in the House:

If we pass this bill, it would prevent companies...from hiring replacement workers during disputes and upset the balance of power at the negotiating table. Let us not forget that striking workers can always go work somewhere else. However, under the bill, [businesses] would not be able to hire people from outside.

In our opinion, this disrupts the balance of power....

Could the member help the House understand whether that is still his party's position and whether he will be voting for the bill before us?

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 5:05 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I can see that the member of this costly NDP-Liberal coalition is worried, because he just referred to a bill from 2016 that is still not in force. He thinks that this government will now do what it says it will do with Bill C-58. Personally, what worries me are the jobs that will be available tomorrow in the Richelieu region.

Could this government be transparent for once and clearly prove to all Canadians, with documentary evidence, that it has taken the necessary measures to ensure that jobs created with Canadians' money will be jobs for Canadians?