On Jun. 21, 2024, CAN GVT reported Bill C-58, banning the use of replacement workers to do the work of unionized workers who are on strike received royal assent.
Provided backgrounder on provisions; bill will come into force on Jun. 20, 2025.
On Nov. 9, CAN GVT proposed a ban on replacement workers.
CAN GVT proposed bill C-58 to amend the Canada Labour Code in order to prohibit the use of replacement workers, and improve the maintenance of activities process.
Follows CAN GVT report on research re banning replacement workers, see #185356.
Bill Provisions
The proposed bill would amend part I (industrial relations) of Canada Labour Code.
Bill stipulates that employers would be banned from using employees and managers hired after notice to bargain is given to do work of striking or locked out workers.
Contractors would be prohibited from doing work of striking or locked out employees.
The affected employers would still have the ability to deploy their existing workforce, as long as the employer did not hire those individuals after the start of bargaining.
Employers would be allowed to use replacement workers to prevent threats to life, health or safety, or to prevent destruction or serious damage to employer’s property.
Also to prevent serious environmental damage affecting the property or premises.
Would require 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, if any.
A violation of the replacement worker prohibition would be an unfair labor practice.
If a union believed an employer was illegally using replacement workers, they would file a complaint with the Canada Industrial Relations Board (CIRB) to investigate.
If necessary, CIRB would order employer to cease illegal use of replacement workers.
Violating the prohibition would also be made an offense, and, if prosecuted and convicted, an employer could be subject to a fine of up to $100,000 per day.
Consultation
A town hall will be held with unions to discuss the legislation to ban replacement workers and improve the maintenance of activities process on Nov. 14, 2023.
Effectiveness
The bill would come into force 18 months after Royal Assent.
Jun. 2024 CAN GVT Bill Royal Assent
On Jun. 21, 2024, CAN GVT reported Bill C-58, banning the use of replacement workers to do the work of unionized workers who are on strike received royal assent.
Provided backgrounder on provisions; bill will come into force on Jun. 20, 2025.
Regulators
CAN GVT
Entity Types
CNSM; Corp
Reference
PR, 6/21/2024; Bill, 6/20/2024; PR, 11/10/2023; PR, Bill C-58, 11/9/2023;
