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.
"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.
- 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.
- 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
SOURCE Employment and Social Development Canada
Contacts: For media enquiries, please contact: Hartley Witten, Press Secretary and Senior Communications Advisor, Office of the Minister of Labour and Seniors, 343-575-1065, [email protected]; Media Relations Office, Employment and Social Development Canada819-994-5559, [email protected]
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