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

November 22nd, 2023 / 5:35 p.m.

Winnipeg North Manitoba

Liberal

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

Madam Speaker, the response from the Conservatives is a bit surprising. They seem to be more focused on contracts than the legislation.

In recognizing the legislation, the member made reference to the province of Quebec and the province of British Columbia, and the federal government is now bringing forward anti-scab legislation. I think that sends a very powerful and positive message to labour in all regions of the country.

Would the member agree that other jurisdictions should look at duplicating what B.C., Quebec and now Ottawa are moving forward with?

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 5:35 p.m.

Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, yes, they should definitely follow the example of Quebec and British Columbia.

Ottawa should do so by reducing the time it will take to implement the bill. The 18-month wait makes no sense. We should follow the example of these two provinces because we are currently avoiding negotiations that are not happening.

With anti-scab legislation, both parties are forced to sit down, and it is not true that workers have the upper hand. This gives them leverage that they do not have when there are scabs. The employer also has leverage when it comes to working conditions and wage conditions. The negotiation process is fairer and more equal, and that benefits everyone.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 5:35 p.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, my colleague is right. Quebec has been a leader in this area, as in many others. It passed anti-scab legislation 46 years ago, and British Columbia followed its lead. Let us not forget that British Columbia also has this type of legislation, and the sky did not fall in on either of those economies. On the contrary, labour disputes are shorter and there is less tension, less violence and a better balance of power for workers.

The member spoke a lot about the Port of Québec, where 81 longshore workers have been locked out for 14 months. That is outrageous, but it is not the only lockout. A lockout just started at Vidéotron in Gatineau, and there are already rumours of Vidéotron using replacement workers. The situation at Vidéotron in Gatineau may just be a preview of what will happen at all of the Vidéotron locations in eastern Quebec.

Before the bill comes into force, and I hope it will before 18 months have passed, will the Bloc Québécois speak out against the use of replacement workers and scabs in Quebec by Vidéotron and Pierre Karl Péladeau?

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 5:35 p.m.

Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, these rumours circulate every time a strike happens in a federally regulated workplace.

They circulate because the federal government has no anti-scab legislation. If such a situation were to happen, the current legislation would not apply because it is not retroactive. This scenario must be avoided. The bill should include a retroactivity clause. We have to ensure that the bill comes into force as soon as possible, far sooner than 18 months from now. It does not take 18 months to learn how to sit down at a negotiating table.

Canada Labour CodeGovernment Orders

November 22nd, 2023 / 5:40 p.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, it is with great pleasure and emotion that I rise in the House to speak about an anti-scab bill introduced by the government. Other political parties have tabled many similar bills in recent years. They have always been rejected by the Conservatives and Liberals. Today is an historic day. Thanks to the work we have done, there is now a bill that has a good chance of being passed and becoming law.

Today is a great day for workers in Quebec and across Canada. It is a great day for workers' rights. Workers will have the opportunity to respectfully negotiate decent collective agreements and better working conditions, with a real balance of power at the bargaining table.

Let us enjoy this moment. Generations of men and women have supported unions and fought to have federal anti-scab legislation. We are getting there. This is it. We are almost there. I think we need to celebrate this moment as a major victory for all workers. It is also a major victory for all the generations of New Democrats who pushed and worked to ensure that these rights were heard and respected.

I would like to thank my team here in Ottawa and my team in Montreal for all the work they have done on this file. I would also like to acknowledge the work of the entire NDP caucus, both the current caucus and those that came before it. They worked extremely hard to get here. I would also like to thank the NPD leader, who has always been very supportive of this issue.

Let us savour the moment. This is a first in the history of this Parliament. We will be able to work hard so that Port of Québec longshore workers, Vidéotron employees, Port of Montreal workers and all employees in the federal sector who are subject to the Canada Labour Code will never again have to experience situations where scabs take their place during a labour dispute that then lasts longer, becomes more tense, costs everyone more and violates workers' rights.

Let us work together so that what is happening right now at the Port of Québec and what may happen at Vidéotron never happens again. In the future, let us protect the rights of workers in this country.

The House resumed from November 22 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

November 24th, 2023 / 10:05 a.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am pleased to continue the speech I started the day before yesterday to speak to this very important bill, Bill C-58. For the first time, the federal government is proposing anti-scab legislation for all workers governed by the Canada Labour Code, so, workers under federal jurisdiction, who represent 10% of the country's labour force.

This is a very important debate. This bill is important because it is historic. For generations, labour activists who support workers' rights have been fighting to have the government uphold workers' fundamental right to strike, to ensure that during a labour dispute employers can no longer use replacement workers, to use the polite term, or scabs, to put it bluntly.

This is a big day. We need to emphasize the importance of the step that is being taken today. We will continue to exert pressure so that this bill is improved in committee and passed. Obviously, some aspects of the bill need to be improved, but the fact that the government has introduced such a bill for the first time in history is a good sign.

Over the years, the NDP has introduced a number of anti-scab bills, nine of them, I think, in the past 10 or 12 years. I introduced a bill last year to give the Liberal government a helping hand and point it in the right direction. We managed to hold discussions and make some progress. Today, we have something interesting to look at.

It could make a huge difference for tens of thousands of people. We wish this legislation had come along sooner, because people are suffering now without it. We want to fix the problem so that painful situations like these never happen again.

I get pretty disheartened when organizations like the Conseil du patronat du Québec, Quebec's council of employers, tell us that this bill is not relevant or necessary right now. There are still people on picket lines or locked out who see replacement workers take their place during a labour dispute. That was the case until very recently. It has psychological consequences for workers and it impacts the balance of power between management and unions. It also has very serious and significant consequences for families going through extremely tense times.

The Conseil du patronat du Québec says this is not relevant or timely, but that is simply not the case. Just think about Océan remorquage in Sorel-Tracy, which was in a labour dispute two years ago, if memory serves me correctly. The workers were replaced by scabs. A small team of 12 or 14 employees was replaced. It took longer and it was more difficult to resolve the problem because replacement workers were brought in.

Let us also not forget the longshore workers at the Port of Québec, who have been locked out for 14 months now. They were kicked out by their own employer, who refused to negotiate in good faith. Because of the lack of legislative measures in the Canada Labour Code, employers can hire replacement workers or scabs. This means that, for the past 14 months, 81 longshore workers have seen people take their place every day on the job site, even though those folks do not have the necessary skills, cause a bunch of accidents and destroy equipment.

It upsets the balance of power and undermines the possibility of reaching a reasonable settlement that works for both parties when replacement workers are given the job and perform the tasks of workers who are out on strike or, in the case of the Quebec longshore workers, are locked out. It is even worse in this case, because this was not their choice. Workers just want decent working conditions. In this case, it is not even about money. It is more about work-life balance and having more humane working hours.

This is happening now. We are not talking about 50 years ago, we are not talking about Murdochville, we are not talking about past battles. We are talking about what is happening right now, today. The situation with the longshore workers at the Port de Québec is tough. It is not the only one and may not be the last, unfortunately.

Now there is a dispute at Videotron, in Gatineau. Again, this is a federally regulated sector. We talked about sports. We could also talk about airports or the rail sector. Here we are talking about telecommunications, another federally regulated sector. It is possible that replacement workers are taking the jobs of the unionized workers in Videotron's west sector, in Gatineau. This would make it much harder to reach a settlement, to get a good contract for the employees.

I want to come back to the example of Videotron because it is an interesting one. Videotron is owned by Pierre Karl Péladeau, who is proud to be a Quebecker and proud of the legislative advances made by his province. Quebec was the first province to implement anti-scab legislation in 1977. British Columbia followed suit several years later. If Pierre Karl Péladeau respects the spirit of the law in Quebec, then he should not use replacement workers in his own company. We will see what happens with Videotron in Gatineau, but I want to make it clear that when workers organize to collectively defend their rights and improve their working conditions, which is well within their rights to do, there has to be a balance of power. For years, that balance of power did not exist. For example, unions were prohibited in Canada until 1872. They were illegal.

It was a crime to collectively organize in order to defend a group's rights and try to improve pay or work organization. It really is thanks to the work of generations of union activists that we have been able to achieve better working conditions. In fact, if we look closely, we realize that before unions emerged and took action, spearheading major battles, there really was no middle class. There were extremely rich owners and extremely poor workers. The workers merely survived, trying to work hard and provide for their children so that these children could take their place in the factory and continue to ensure profits and added value for the owners of the means of production.

It took the courage and action of generations of workers, men and women, who stood up and decided that they had to fight together to lift themselves out of misery and poverty, to get good paycheques, good working conditions and benefits. In fact, the union movement created the middle class. There was no middle class before. It did not exist. In the 19th century there was no middle class. People were either very rich or very poor. Workers struggled to survive under horrific health and safety conditions.

The goal was to establish a balance of power at the bargaining table and negotiate with management, with the employer, to tell them that workers wanted their share of the profits and to live with dignity. There would be no profits without all these workers doing their jobs in factories to produce the goods and services sold. This was how the middle class got its start and managed to rise above poverty and misery. Finally, middle class workers could buy a house, have a pension, look forward to retirement and get insurance and benefits.

That is how we were able to create a middle class in Quebec and Canada, as well as in the United States, of course, France and England.

The problem with not having anti-scab legislation is that the balance of power at the bargaining table is completely undermined. Going on strike essentially sends a message to the employer that production is being halted and that there will be an economic impact arising from this work stoppage, since the product can no longer be sold on the market. If production continues because replacement workers can be hired to keep doing the work, the balance of power at the bargaining table has just been destroyed. It is all well and good for the employer to say that employees can go on strike for as long as they like and that it is not the employer's problem, because, in any case, production and service will continue, the employer will continue to make money, revenue will come in, and there is no problem.

This destroys the workers' bargaining power and drags out the labour disputes. The employer has no incentive to reach an agreement with the union to provide good or acceptable working conditions to its workers. This also creates more tension, which can lead to violence. Imagine being a worker on the picket line every morning who sees someone go in to take their place, their salary and keep the business in operation. Frustration and anger run high. In the past we have seen violent acts and interpersonal conflicts that are totally understandable.

That is why, for hundreds of thousands of workers at the federal level, it is important to have this legislation that will simply provide balance at the bargaining table. Such legislation has existed in Quebec since 1977 in every sector in Quebec, of which there are very many. We are talking about 90% of the labour force. This also exists in British Columbia and the sky has not fallen. Economic development has carried on. In fact, the labour disputes have been fewer, shorter and less violent. That is good for everyone.

Some members of the House use the term “common sense” a lot. I think that anti-scab legislation is just common sense. We are not trying to dictate what workers' wages, working conditions or contracts will look like. We just want to give workers a chance to exercise their constitutional rights and to be in a position where they can use their balance of power, have a say at the bargaining table and negotiate a good employment contract.

I began working as a union representative for the Canadian Union of Public Employees in 2002. Two weeks later, the labour dispute at Videotron began. What I saw 20 years ago is the impact of the employer being able to use replacement workers, or scabs, and just how much that served to prolong the dispute. I was happy to be working with that union, but it was a long, hard battle. In the end, the union was successful. The technicians stayed in the union. However, it is important to avoid this type of situation in the future, like the situations at the Port of Québec and Videotron in Gatineau right now. We must ensure that there is an equal balance of power. It is a matter of fairness. We are not trying to favour one side over the other. These are fundamental rights that must be defended.

I am extremely proud of the fact that the NDP leveraged its strength in Parliament to help workers. I was talking about balance of power at the bargaining table, but we used our balance of power in Parliament. From the very beginning of talks on the agreement we have with the minority Liberal government, the leader of the NDP made it clear that this was an essential condition. After years of struggle, we absolutely had to have anti-scab legislation at the federal level.

I think this is an extremely important step. This direct gain is attributable to the work of the NDP caucus, my NDP colleagues and the leader of the NDP, the member for Burnaby South. He forced the Liberals to introduce anti-scab legislation even though the Liberals have always been against it. Every time we introduced anti-scab legislation, the Liberals voted against it. I think they have seen the light, but I also think they did not have much choice. We twisted their arm a bit and, in the end, thanks to the influence of the NDP caucus and all my colleagues, we are going to get it done.

However, some obstacles remain and some aspects of the bill require improvement. My colleagues and I look forward to sending the bill to committee for improvement. One rather major obstacle right now is the time it will take to implement the bill. A second reading, a review in committee and a third reading will take time. After that the Senate will also be doing its part.

The bill states that its implementation will take 18 months. This is a major irritant for the NDP. Eighteen months is far too long. We fail to understand why it would take that long for the Canada Industrial Relations Board to adjust to the new legislative measure. We think that it might take 12 months or maybe even six months. We will therefore be applying pressure in committee to shorten the implementation time provided for this bill in light of its importance and urgency to a number of sectors of our economy. It will open the door to good working conditions for the people we represent, make room for good employment contracts and good salaries, and improve the situation of just about everyone in the country.

I am ready to answer questions from my colleagues.

Canada Labour CodeGovernment Orders

November 24th, 2023 / 10:20 a.m.

Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, I would first like to thank the member for Rosemont—La Petite-Patrie, because he emphasized the merits of the union movement. As a former union president, this means a lot to me.

I would also like to thank the member for Bécancour—Nicolet—Saurel. Allow me to explain why I am taking the time to pay tribute to him. Since its inception in 1989-90, the Bloc Québécois has been fighting for anti-scab legislation at the federal level, and the first bill in that regard was introduced by the current dean of the House, so I wanted to take a moment to highlight the work of the member for Bécancour—Nicolet—Saurel.

Here is my question for the member for Rosemont—La Petite-Patrie. There is still an 18-month delay before the bill receives royal assent. The leader of the Bloc Québécois has asked that this be done before Christmas. Does the member know the reasons for this delay?

Canada Labour CodeGovernment Orders

November 24th, 2023 / 10:20 a.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I also commend the initiatives of the member for Bécancour—Nicolet—Saurel, who is the dean of the House. He pushed for anti-scab legislation to be passed and I appreciate all the work that has been done.

As a small point of clarification, however, the 18‑month delay is not for obtaining royal assent. It is for bringing the bill into force after obtaining royal assent.

We do not understand the reason for this major delay of 18 months. Based on the discussions we have had, it seems that it was a request from the Canada Industrial Relations Board, who needs this time. We think it is a bit much, that it is too long. I would be happy to work with my colleagues from the Bloc Québécois in committee to propose amendments to fix this problem that, in our view, sets us back and will make it take too long before the bill is truly in effect. In the end, it might jeopardize the right of some workers to have the protection offered by anti-scab legislation. I would be happy to work with the member and all members in committee to fix this problem.

Canada Labour CodeGovernment Orders

November 24th, 2023 / 10:25 a.m.

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, I look at Bill C-58 as a substantial piece of legislation that will make a wonderful difference for the labour movement, but not only the labour movement. I think we get lost in this in the sense that it is in the best interests of all, whether for labour or employers. I genuinely believe that. It is something I have been advocating for for many years.

My question for my colleague is in regard to the province of Quebec and the province of British Columbia. They have had this, in particular Quebec, for many years now. Could he again reinforce the benefits that those two provinces have received by having back-to-work legislation? What are his thoughts in regard to why it is important that other provincial jurisdictions follow suit now that we have two provinces and the national government moving forward on anti-scab legislation?

Canada Labour CodeGovernment Orders

November 24th, 2023 / 10:25 a.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, there is a huge difference between back-to-work legislation and anti-scab legislation. I am happy that my colleague rectified his wording at the end of his question.

Reducing the number of labour disputes has helped a lot in Quebec and British Columbia. It has been good for everyone: employees, employers and society in general. The vast majority of collective agreements—97% or 98%, I believe—are resolved without a labour dispute, strike or lockout.

Experience has taught us that, when there is a labour dispute in Quebec or British Columbia, the average time it takes to resolve it is less than when replacement workers or scabs are involved. That is good news for everyone. Quebec paved the way and British Columbia followed.

I think it is now time for the federal government to set an example and ensure that we have anti-scab legislation that will make a difference for all of society, reduce tensions and reduce the duration of labour disputes in our country. I think that is good news for everyone.

Canada Labour CodeGovernment Orders

November 24th, 2023 / 10:25 a.m.

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, this is such an important bill that will help workers across the country and help all communities across the country. As he mentioned, it has been an NDP issue for many years. I remember one of the first private member's bills I saw tabled in this House was from my former colleague Karine Trudel, who tabled very similar anti-scab legislation. Unfortunately, the Liberals and the Conservatives voted against it. However, I am so proud that we have used our power in this Parliament to bring it forward again through the government legislation we see here today.

The hon. member touched on the conflict that replacement workers often cause in communities, especially small communities, where there may not be many jobs available so there is a lot of pressure to take on replacement worker status. That conflict can often escalate into violence, as he mentioned. One of the classic examples is the Giant Mine strike of 1992, which resulted in one of the worst mass murders, I would say, in Canadian history. That conflict escalated and escalated, and eventually someone set off a bomb in the mine, killing workers.

I am wondering if he could comment on the effect that this bill would have on communities across the country.

Canada Labour CodeGovernment Orders

November 24th, 2023 / 10:25 a.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I thank my NDP colleague for his question and comment. No one wants to see violence, people getting hurt or killed, in the context of labour disputes. That is absolutely appalling and has to be avoided. It is also true that in small communities, when everyone knows everyone else, it is even more difficult. Just think of the period after the labour dispute is resolved.

During a labour dispute, it is hard for workers to see someone coming in every day and getting their pay even though those workers still have to pay for their house and feed and clothe their children. There is a lot of anger and resentment when workers see someone basically stealing their pay. In a small community, when everyone knows everyone else, it is even more appalling. It can go on for years and years. We need to avoid that.

We need to avoid situations like the lockout of longshore workers at the Port of Québec, which has been going on for 14 months. The Vidéotron people in western Quebec may well go through the same thing today. We need to resolve this problem as quickly as possible. Federal anti-scab legislation has been needed for decades. It is time to act.

Canada Labour CodeGovernment Orders

November 24th, 2023 / 10:30 a.m.

Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, we are delighted over the introduction of this bill.

As my colleague from Repentigny said earlier, the Bloc Québécois member for Bécancour—Nicolet—Saurel introduced the first such bill back in 1990. I know that this has been a long fight for the Bloc Québécois and for the NDP. I would also like to commend the NDP for keeping this issue front and centre over the years. When it comes to worker-related issues, I think our political parties usually sing from the same song sheet.

I would like to ask the member if he is concerned about the possibility that some political parties might oppose the bill. If an early election were called and this bill were to die on the Order Paper, could all the time we have spent working to reach this point suddenly come to nothing, when victory seems so close?

Canada Labour CodeGovernment Orders

November 24th, 2023 / 10:30 a.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, our two political parties have always worked towards this goal. I think the NDP introduced anti-scab bills before the Bloc Québécois even existed. That is just a historic fact.

We want to push for this bill to pass as quickly as possible. I do not know when the next federal election will be held. That is not really my decision or within my control. We want the bill to be sent to committee as quickly as possible so that amendments can be proposed, so that the bill can be improved and enhanced, to pass in this House and be sent to the Senate. We do not want to have to start this work all over again, since tens of thousands of workers have been waiting for this kind of measure for years now. We want this to come into force as quickly as possible. That is why we are concerned about the 18-month delay in implementing the bill.

I am ready to work with all political parties. Only one party does not seem to want to talk about this bill very much. Right now, the official opposition is not too keen to talk about it, and I do not know why. Right now, the Conservatives do not want to talk about legislation to ban replacement workers. I think it will be in everyone's interest for this bill to pass as quickly as possible.