Thank you.
Mr. Chair, as I said, I'll deal with issues of fact. There are issues of policy in that question that I would not want to deal with.
Let me explain that in the Canada Labour Code the reference to essential services is essential services in a very narrow sense. The services defined in the code only relate to health and safety.
The reason there's such a narrow focus on essential services is that the essential services provisions of the code work hand in hand with the replacement workers provision. The two go together. Because businesses are allowed to use replacement workers, the code did not have to be very prescriptive on what essential services are, and it has suggested mechanisms in the code on how to deal with the essential services issue. The code quite explicitly states that management and unions should sit together and define what essential services are in their particular areas.
I'll give you an example. On the CN strike that is happening right now, effective February 10, the two parties jointly determined that the commuter rail service in Toronto and Montreal will not be shut down. The service is still running, and it's only the freight service that has been hit by the strike.
If the two parties, Mr. Chair, cannot agree on which services should continue, they would apply to the Canada Industrial Relations Board, and the board would come to a decision on what it would consider to be essential. It is what both parties would be expected to follow.
To summarize my answer, since the two provisions in the code work hand in hand, the provisions for essential services are very limited. If, for the sake of argument, one of the provisions of the code were to change, then there would of course be a huge imbalance between the two.
For example, if Bill C-257 is made into law, it would mean the essential services provision in the Canada Labour Code would not be sufficient. If it is not dealt with, then I would speculate that the Canada Industrial Relations Board would find it has to deal with a workload that is significantly more than is realistic at the present time. The board may not be able to handle that.
Again, I think the two things need to be looked at together.