Anti-scab legislation receives royal assent
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Canada’s Senate passed the bill in June 2024 banning employers from using replacement workers !
The Senate passed the bill last week after it unanimously passed through the House of Commons late in May.
The legislation was first introduced on Nov. 9, 2023. It passed second reading with all-party support, noted the Nova Scotia New Democratic Party (NSNDP). It, however, has faced opposition form the Canadian Chamber of Commerce.
Changes introduced under Bill C-58
Bill C-58 bans 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.
Bill C-58, officially titled An Act to amend the Canada Labour Code and the Industrial Relations Board Regulations, 2012, marks a major change in federal labour policies, the most notable since the 1990s. The new law, developed through extensive consultations with unions and employers, received unanimous support in Parliament.
Under the new legislation, employers are prohibited from hiring replacement workers to perform the duties of unionized employees during strikes or lockouts. The only exceptions to this rule apply in scenarios where public health and safety or the protection of employer property are at risk.
Furthermore, the bill introduces a requirement for employers and unions to agree early in the bargaining process on which activities must continue during work stoppages to safeguard public health and safety. This agreement must be reached within 15 days of notice to bargain. Should the parties fail to agree, the Canada Industrial Relations Board (CIRB) will determine the essential activities within 82 days.
