OTTAWA,
ON, June 21, 2024 /CNW/ - The Government of
Canada believes in free and fair
collective bargaining. Replacement workers distract from the
bargaining table, prolong disputes and harm labour relations for
years after.
Yesterday, Bill C-58, An Act to amend the Canada Labour Code
and the Industrial Relations Board Regulations, 2012, received
royal assent. This legislation was developed through extensive
consultations with unions and employers and received unanimous
support in Parliament. It will improve labour relations, protect
workers' right to strike, limit interruptions to collective
bargaining and provide greater stability to our economy during
federal labour disputes.
Bill C-58 represents one of the most significant changes to
federal collective bargaining rules since the 1990s. Specifically,
Bill C-58 has two main components:
- Banning employers from using replacement workers to do the work
of unionized employees who are on strike or locked out. Exceptions
would apply in situations where there are threats to the health and
safety of the public or threats of serious damage to an employer's
property.
- Improving the maintenance of activities process by requiring
employers and unions to come to an agreement early in the
bargaining process to determine what work needs to continue during
a strike or lockout to ensure the health and safety of the public.
The parties will have to reach an agreement no later than 15 days
after notice to bargain is issued. If they cannot come to an
agreement, the Canada Industrial Relations Board (CIRB) will decide
what activities need to be maintained within 82 days.
The CIRB is the independent administrative tribunal that
resolves workplace disputes and certain appeals that arise under
the Canada Labour Code (the Code). It will be responsible
for enforcing these new changes. These provisions will apply to
employers and workers in federally regulated sectors covered by
Part I of the Code, such as interprovincial and international air,
rail, road and marine transportation, banks, telecommunications and
postal and courier services.
This legislation will improve labour relations, protect workers'
right to strike, and keep parties focused on the bargaining table
where the best deals are made, for workers, for employers, and for
our economy. These measures will come into force on June 20, 2025, to give the CIRB time to prepare
for its new responsibilities.
Quote
"This is one of the most seminal moments in Canadian labour
history. Thanks to all the labour leaders, activists and workers
who worked so hard over many decades to finally make this
happen."
– Minister of Labour and Seniors, Seamus
O'Regan Jr.
Quick Facts
- Part I of the Code governs workplace relations and collective
bargaining between unions and employers. This part contains
provisions related to replacement workers and maintenance of
activities, as well as dispute resolution, strikes and lockouts. It
outlines the labour relations rights and responsibilities of
employers, trade unions and employees.
- The Federal Mediation and Conciliation Service works
extensively with employers and unions throughout the process
outlined in Part I of the Code. During fiscal year 2023–2024, 96%
of all disputes referred to FMCS (and settled in 2023 to 2024) were
resolved without a work stoppage.
- Prior to 1999, employers were not prohibited in any way from
using replacement workers during a strike or lockout. In 1999, Part
I of the Code was amended to provide a limited prohibition on the
use of replacement workers during a work stoppage, with the
intention of undermining a union's representational capacity. This
limited prohibition was the result of recommendations made in the
Sims Task Force's 1995 report Seeking a Balance, based on
extensive consultations with employers and unions at the time.
Related product
Backgrounder
Associated links
- Minister O'Regan introduces legislation to ban the use of
replacement workers
- Minister O'Regan releases the What We Heard report on banning
replacement workers and improving the maintenance of activities
process
- Minister O'Regan launches consultations to improve the
collective bargaining process
- Overview of the parts of the Canada Labour Code and how
they apply to your workplace
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SOURCE Employment and Social Development Canada