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 the Library of 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
C-58 (2009) Child Protection Act (Online Sexual Exploitation)
C-58 (2008) Law Appropriation Act No. 2, 2008-2009

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

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:10 p.m.

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, I am very familiar with final offer selection. It was a topic of great debate from about 1988-91 in the Manitoba legislature. We had a sunset clause on final offer selection legislation. It was ultimately a compromise by the then NDP premier Howard Pawley that, as opposed to bringing in anti-scab legislation, we had final offer selection. It is an interesting story, but I do not have enough time to talk about it.

I am very much interested in the member's position on this legislation. Does he support the legislation going to committee?

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:10 p.m.

Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, what I enjoy about this place is that we have the opportunity to debate. I have listened to speeches today and actually gone back to previous days and read through other speeches, and I am still learning about the nuances of the particular sector. As I explained, I have had experience in an agriculture setting, where deadlines were imposed by a force that growers and processors both acknowledged, so there was a process developed to address that.

On final offer arbitration, I am glad the member opposite is so familiar with it. I have the opportunity to meet with many groups, and not just from agriculture, as they come into my office. I have talked with labour unions and all sorts. What I am exploring here and listening for throughout the debate is something that no one has yet told me, which is how the final offer arbitration process is an unfair process to either the labour side or the employer side. That is the beauty of it, that it actually drives a good negotiation. Arbitration is always unpleasant, as are strikes and lockouts.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:10 p.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I share the parliamentary secretary's curiosity with regard to the Conservative Party's position on this legislation. Its members are still studying it at this late hour, and I guess it is going to be somewhat of a surprise, maybe a good surprise and maybe a bad surprise, when it comes to a vote.

My question is whether he has consulted with labour unions in his constituency on the topic of this bill, and if so, what message did they bring to him with regard to banning replacement workers in strikes and lockouts?

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:10 p.m.

Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, the answer, short and simple, is yes. I have had locals and different unions in my office and asked them that very question. I explained the arbitration process to them; some were familiar with it and some were not. I have asked them the question of whether that would work in their situation.

In full transparency, the arbitration process was actually removed from the industry I spent 20 years in, and not at the behest of the growers. It was actually removed at the behest of the processors. In this situation, they would be in the employer role, whereas I collectively bargained on behalf of producers.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:15 p.m.

Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Mr. Speaker, my question for my Conservative colleague is very simple, and it has to do with this anti-scab legislation. It seems that the Conservatives are against this bill. Once the Senate has passed this bill, it will take 18 months for it to come into force.

Can the member confirm that, if the Conservatives take power, they will tear up this legislation?

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:15 p.m.

Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, no, I cannot answer that question, because where I am right now is in listening mode. I have two ears and one mouth. I exercised the mouth for a full 10 minutes and am now using my two ears to try to listen and understand the various positions. The question is speculative as to what might happen in the future, but I am still listening to the debate and will determine exactly what my response will be to the question when it is put before us.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:15 p.m.

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, I just wanted to give my colleague the opportunity to elaborate on anything he did not get the chance to say in his speech.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:15 p.m.

Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, I could go into my stump speech about how resolution mechanisms are different in different situations. I am very familiar with that in the ag situation, where different marketing mechanisms are used in different sectors based upon four factors. I will not get into all of them, but one set of circumstances does not lead itself to the same outcome when it comes to dispute resolution.

The House resumed 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 second time and referred to a committee.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:20 p.m.

Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, today we stand at the height of transformative change in the landscape of Canadian labour law. With the introduction of Bill C-58, an act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, we are ushering in a new era of labour relations that would place the principles of fairness, safety and economic stability at the forefront of our national workforce policy.

At its core, Bill C-58 seeks to reinforce the sanctity of the collective bargaining process by banning the use of replacement workers during strikes or lockouts. This critical legislation would mandate that employers in federally regulated sectors cannot hire new employees or managers after a notice to bargain collectively is given, or contractors to perform the work of striking or locked out employees. This move would be not merely a legislative action but also a profound statement of our collective belief in the power and importance of genuine negotiation between employers and unions.

Before I go further into the details of the legislation, let me recognize the important role and success of trade unions. Trade unions have been instrumental in shaping the economic landscape of developed countries, including Canada, playing an important role in their development into prosperous economies with a high quality of life for workers.

In the late 19th and early 20th centuries, as industrialization accelerated, trade unions emerged as key players in advocating for workers' rights, leading to significant labour reforms. They fought for fair wages, reasonable working hours and safer working conditions, contributing to the growth of a middle class that fuelled consumer spending and economic expansion. The labour movement led to the establishment of minimum wage laws and overtime pay, and to the prohibition of child labour, among other labour protections. Trade unions were central to securing workers' benefits such as health care, unemployment insurance and pension plans, which are cornerstones of the country's social safety net.

These achievements not only improved the quality of life for workers but also stabilized the workforce, reducing labour disputes and fostering a more productive economy. Moreover, trade unions have played a critical role in advocating for policies that benefit the wider community, such as public education and health care, contributing to the social and economic well-being of the broader population. Their ongoing efforts to ensure fair employment practices and equitable economic growth continue to support the high standard of living in Canada.

Trade unions remain highly relevant in Canada today as they continue to address the evolving challenges faced by workers in a rapidly changing economy. In the era of globalization, technological advancements and shifting labour markets, unions play a critical role in advocating for fair wages, job security and workers' rights amid increasing automation and the gig economy. They provide a necessary counterbalance to corporate power, ensuring that economic growth benefits all layers of society, not just the top echelons.

Let me also touch upon the importance of collective bargaining and why unions are still relevant today. Collective bargaining and negotiations between employers and unions are fundamental mechanisms that ensure a balanced and fair relationship in the workplace, with profound implications for both the economy and the quality of life of workers. This process allows unions to negotiate on behalf of their members for better wages, benefits, working conditions and job security, reflecting the collective interests and needs of the workforce.

By providing a structured framework for dialogue, collective bargaining helps prevent labour disputes and fosters a cooperative environment where both parties can work towards mutually beneficial solutions. The importance of collective bargaining extends beyond individual workplaces, contributing to broader economic stability and growth. It helps in setting industry-wide standards that can elevate living conditions and reduce income inequality. Furthermore, by giving workers a voice in their employment conditions, collective bargaining empowers them, promoting workplace democracy and participation.

In today's rapidly changing labour market, characterized by the rise of precarious employment and the gig economy, collective bargaining remains highly relevant. It adapts to new challenges, such as remote work arrangements and the need for continuous skills development, which would ensure that workers are protected and fairly compensated in the face of technological advancements and global competition. Through collective action and negotiation, trade unions have been key to balancing economic development with social equity, making them fundamental to the prosperity and the high quality of life enjoyed in Canada.

While Bill C-58 would mandate that employers cannot hire new employees after a notice to bargain collectively is given, it smartly delineates two critical exceptions to this rule to ensure that essential services and public safety are not compromised. Employers would be permitted to use replacement workers only when necessary to prevent threats to life, health or safety; to avoid serious damage to property or premises; or to avert significant environmental harm. Furthermore, it would allow employees in the bargaining unit to work during a full strike or lockout if it is vital to prevent immediate and serious danger to public health and safety. The bill underscores the importance of staying at the bargaining table and fostering an environment where disputes can be resolved through dialogue and mutual respect, rather than through adversarial and potentially harmful practices.

The prohibition against the use of replacement workers would be a significant step toward levelling the playing field during labour disputes. Moreover, the bill introduces a more structured and predictable framework for maintaining activities during strikes or lockouts. It would mandate that employers and unions must collaborate to determine what essential work must continue, with clear deadlines for reaching an agreement. This approach would not only minimize disruptions but also emphasize the collective responsibility of both parties to safeguard the public interest.

Economically, Bill C-58 is poised to instill greater stability and certainty across industries. By discouraging protracted disputes and fostering healthier labour relations, it would create a more attractive environment for business and investment. The certainty and predictiveness this legislation would bring to labour relations would be invaluable for our national economy, ensuring that Canada would remain competitive on the global stage.

In conclusion, Bill C-58 represents a bold step forward in our journey toward a more equitable, safe and prosperous labour market. It would reinforce the right to strike as a fundamental aspect of a healthy workforce, address the inefficiencies in the current system and set a new standard for labour relations in Canada. As we debate and discuss this landmark legislation, let us remember the profound impact it would have on the lives of Canadian workers, the health of our industries and the overall well-being of our nation.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:30 p.m.

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, from what I have learned, this legislation has been a long time coming. The NDP has introduced similar bills eight previous times, and I have learned as well that Quebec and British Columbia already have legislation similar to this. There has already been a lot of great work to make sure that there are better relationships between employers and the unions.

I wonder if the member can explain why the members of the Liberal Party decided to have an 18-month delay in the implementation of this legislation, given how important those relationships are and given how important it is to protect the rights of workers.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:30 p.m.

Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, I agree with the member that this is most important legislation when it comes to the labour workforce in our country. This would be a fundamental change to the way in which collective bargaining and negotiations would take place. Because this would be a major change, it would require time for all the parties involved to get adjusted to the new reality. This is a long time coming, and it would be around for a very long time, so the period of 18 months is required for all the players to get accustomed to the new reality and to make necessary adjustments in their approach in future negotiations.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:30 p.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Mr. Speaker, I listened with great interest to the speech by my colleague. It caused me to reflect on the number of measures that the Liberal government has brought in, during this Parliament and in previous Parliaments, that really go to the promotion and the defence of unionized workers and of workers across the country. I would like to hear my colleague's comments on how the government has stood for workers in Canada.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:35 p.m.

Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, the Liberal government, since it came to power in 2015, has always worked for the benefit of the labour force in our country. It has worked hand in hand with the labour unions at all levels. It has always consulted with them and has taken necessary steps to protect their well-being.

Personally speaking, my wife is a member of the CUPE union. I see the benefits to the labour force that has the unions. Unfortunately, for the federally regulated workforce, out of a million employees in the federal workforce, only about 34% are unionized. I hope that this particular legislation, similar to what is already available in B.C. and in Quebec, will be adopted by the other provinces in the coming days.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:35 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, with all due respect to my colleague, I was not satisfied with the answer given to my NDP colleague earlier about the 18-month delay.

As I mentioned earlier today, 18 months is probably more time than this government has left. If the government really intended to legislate to prevent scabs from violating the legitimate rights of workers who have taken legal strike action or who are locked out, it would legislate quickly.

Eighteen months means that it would be easy for a government to undo all of this if a different party were to come to power. No one knows what the future holds, but that is more or less what we are dealing with. However, if the law is in effect, it would be far more inconvenient to replace it.

I would like my colleague to explain the idea behind the 18-month delay. Saying that it is complicated and that people need to adjust is not a satisfactory answer. It is not complicated. If there is a strike tomorrow morning, the employer is not allowed to hire people to replace the striking workers. That is all there is to it. I do not find it complicated.

Port of Québec workers have been locked out for quite some time. There is no way that should be accepted in a G7 country, especially in Quebec, where workers have been protected against that for 47 years when their employer is provincially regulated.