Human Resources Committee on Dec. 9th, 2025

Evidence of meeting #20 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was 107.

A recording is available from Parliament.

On the agenda

The definition of "work" and the use of section 107 in the Canada Labour Code

Members speaking

Before the committee

Chan Vice President, Strategic Policy and Supply Chains, Canadian Chamber of Commerce

Safayeni President and Chief Executive Officer, Federally Regulated Employers - Transportation and Communications

Pigott Partner, Fasken Martineau DuMoulin LLP, Federally Regulated Employers - Transportation and Communications

Neufeld National President, Union of Safety and Justice Employees

Leblanc Assistant Director, Negotiations Section, Public Service Alliance of Canada, Union of Safety and Justice Employees

Dalia Gesualdi-Fecteau Full professor, University of Montreal, As an Individual

Lesosky President, Airline Division of the Canadian Union of Public Employees (CUPE)

Antunes Chief Economist, The Conference Board of Canada

1 p.m.

Liberal

Natilien Joseph Liberal Longueuil—Saint-Hubert, QC

Thank you, Mr. Chair.

I would like to ask Ms. Gesualdi‑Fecteau a question.

Before I begin, I would like to thank you for your explanations, which are wonderfully insightful. That may be of benefit to our colleagues across the table.

We are talking about section 107 of the Canada Labour Code. I know that is not why you are here, but we know that section 107 provides balanced, clear and critical protection that preserves social peace and protects public order in the labour market. It also ensures that the labour sector under federal jurisdiction functions properly.

Can you tell us who benefits from section 107? Does it exist for unions, employees and employers?

1 p.m.

Prof. Dalia Gesualdi-Fecteau

Thank you for your question.

I can briefly discuss section 107, because I understand and appreciate the issues it raises. The problem with this section is determining how it is used. I believe this has been discussed at your committee.

This section has been in place since the 1980s, and the use of this provision over the last two years is unprecedented. We need to be very clear about that.

In my opinion, the challenge posed by section 107 in terms of labour relations and labour law, in addition to issues of freedom of association, is that there will be a whole debate on this issue in the courts—

1:05 p.m.

Liberal

Natilien Joseph Liberal Longueuil—Saint-Hubert, QC

May I interrupt?

1:05 p.m.

Prof. Dalia Gesualdi-Fecteau

Of course. You have every right.

1:05 p.m.

Liberal

Natilien Joseph Liberal Longueuil—Saint-Hubert, QC

Sorry.

You've made a good point. How did your studies measure or analyze the effectiveness of conciliation and mediation mechanisms in resolving labour disputes?

1:05 p.m.

Prof. Dalia Gesualdi-Fecteau

I have not personally studied the issue of conciliation and mediation, but what is certain—as many of my colleagues' studies will tell you—is that increased use of conciliation-mediation from the outset can make a difference.

The problem with using section 107 is having the executive branch intervene in labour relations. It can create a high degree of unpredictability, an element of surprise, the unexpected in labour relations, which is not beneficial to labour relations. I think that's the issue. It's about the possibility of the executive branch intervening in labour relations.

There is also the notion of essential service. It's a concept in labour law. If that is what has to happen, so be it, but I think that needs to be considered.

1:05 p.m.

Liberal