Bill C-58 (Historical)

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

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

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

February 26th, 2024 / 5:55 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I suspect if you were to canvass the House, you would find unanimous consent at this time to call it 6:30 p.m. so we could possibly begin the late show.

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:55 p.m.

The Deputy Speaker Chris d'Entremont

Is that agreed?

Canada Labour CodeGovernment Orders

February 26th, 2024 / 5:55 p.m.

Some hon. members

Agreed.

The House resumed from February 26 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 27th, 2024 / 3:15 p.m.

The Speaker Greg Fergus

It being 3:18 p.m., the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-58.

Call in the members.

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

Vote #647

Canada Labour CodeGovernment Orders

February 27th, 2024 / 3:30 p.m.

The Deputy Speaker Chris d'Entremont

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

(Bill read the second time and referred to a committee)

Canada Labour CodeGovernment Orders

February 27th, 2024 / 3:30 p.m.

The Deputy Speaker Chris d'Entremont

I wish to inform the House that because of the deferred recorded division, Government Orders will be extended by 12 minutes.