task6_model_deployment/assets/C-58_4.txt

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First Session, Forty-fourth Parliament,
70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024
STATUTES OF CANADA 2024
CHAPTER 12
An Act to amend the Canada Labour Code
and the Canada Industrial Relations Board
Regulations, 2012
ASSENTED TO
JUNE 20, 2024
BILL C-58

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SUMMARY
This enactment amends the Canada Labour Code to, among oth-
er things,
(a) amend the scope of the prohibition relating to replace-
ment workers by removing the requirement of demonstrating
a purpose of undermining a trade union’s representational
capacity, by adding persons whose services must not be used
during legal strikes and lockouts and by providing certain ex-
ceptions;
(b) prohibit employers from using, during a legal strike or
lockout intended to involve the cessation of work by all em-
ployees in a bargaining unit, the services of an employee in
that unit, subject to certain exceptions;
(c) make the contravention by employers of either of those
prohibitions an offence punishable by a fine of up to $100,000
per day;
(d) authorize the Governor in Council to make regulations es-
tablishing an administrative monetary penalties scheme for
the purpose of promoting compliance with those prohibi-
tions; and
(e) amend the maintenance of activities process in order to,
among other things, encourage employers and trade unions
to reach an earlier agreement respecting activities to be
maintained in the event of a legal strike or lockout, encourage
faster decision making by the Canada Industrial Relations
Board when parties are unable to agree and reduce the need
for the Minister of Labour to make referrals to the Board.
Available on the House of Commons website at the following address:
www.ourcommons.ca
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70-71 ELIZABETH II – 1-2 CHARLES III
CHAPTER 12
An Act to amend the Canada Labour Code and the
Canada Industrial Relations Board Regulations, 2012
[Assented to 20th June, 2024]
His Majesty, by and with the advice and consent
of the Senate and House of Commons of Canada,
enacts as follows:
R.S., c. L-2
Canada Labour Code
2017, c. 20, s. 322(2)
1 Subsection 12.001(1) of the Canada Labour
Code is replaced by the following:
Appointment of external adjudicator
12.001 (1) The Chairperson may, if the Chairperson
considers it advisable, appoint an external adjudicator to
determine any matter that comes before the Board under
section 87.4 or Part II, III or IV.
2 Section 16 of the Act is amended by adding the
following after paragraph (m.1):
(m.2) to make any order and give any direction that
the Board considers appropriate for the purpose of ex-
pediting proceedings or preventing an abuse of pro-
cess;
2017, c. 20, s. 333
3 Subsection 22(1) of the Act is replaced by the
following:
Order and decision final
22 (1) Subject to this Part and to any regulations made
under paragraph 111.01(1)(g), every order or decision
made by the Board under this Part is final and is not to
be questioned or reviewed in any court, except in accor-
dance with the Federal Courts Act on the grounds re-
ferred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
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1998, c. 26, s. 13
4 Subsection 29(1.1) of the Act is replaced by the
following:
Persons not in a unit
(1.1) Any person whose services are being used contrary
to subsection 94(4) is not an employee in the unit.
5 Section 87.2 of the Act is amended by adding the
following after subsection (3):
Conditions precedent
(4) The notices referred to in subsections (1) to (3) may
be given only in the following circumstances:
(a) if the trade union and the employer have entered
into an agreement referred to in subsection 87.4(2), a
copy of it has been filed with the Minister and the
Board in accordance with subsection 87.4(3); or
(b) if the trade union and the employer have not en-
tered into an agreement referred to in subsection
87.4(2), the Board has determined an application
made by either of them under subsection 87.4(4).
1998, c. 26, s. 37
6 (1) Subsections 87.4(2) to (5) of the Act are re-
placed by the following:
Agreement
(2) An employer and a trade union must, no later than 15
days after the day on which notice to bargain collectively
has been given, enter into an agreement with respect to
compliance with subsection (1) that sets out
(a) the supply of services, operation of facilities or
production of goods that they consider necessary to
continue in the event of a strike or a lockout; and
(b) the manner and extent to which the employer, the
trade union and the employees in the bargaining unit
must continue that supply, operation and production,
including the approximate number of those employees
that, in the opinion of the employer and the trade
union, would be required for that purpose.
For greater certainty
(2.1) For greater certainty, if the employer and the trade
union conclude that it is not necessary to continue any
supply of services, operation of facilities or production of
goods in order to comply with subsection (1), they must
set out this conclusion in the agreement referred to in
subsection (2).
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Filing with Minister and Board
(3) Immediately after entering into the agreement, the
employer and the trade union must file a copy of it with
the Minister and the Board. When the agreement is filed,
it has the same effect as an order of the Board.
If no agreement entered into
(4) If the employer and the trade union do not enter into
an agreement within the period referred to in subsection
(2), the Board must, on application made by either of
them, determine any question with respect to the appli-
cation of subsection (1).
Referral
(5) The Minister may refer to the Board any question
with respect to whether an agreement entered into by the
employer and the trade union is sufficient to ensure that
subsection (1) is complied with.
1998, c. 26, s. 37
(2) The portion of subsection 87.4(6) of the Act be-
fore paragraph (a) is replaced by the following:
Board order
(6) If, in determining an application made under subsec-
tion (4) or referral made under subsection (5), the Board
is of the opinion that a strike or lockout could pose an
immediate and serious danger to the safety or health of
the public, the Board, may, by order
(3) Section 87.4 of the Act is amended by adding
the following after subsection (6):
Time limit
(6.1) Despite subsection 14.2(2), the Board must deter-
mine an application made under subsection (4) or a re-
ferral made under subsection (5), make any order under
subsection (6) and send a copy of its decision and any or-
der to the parties no later than 82 days after the day on
which it received the application or referral.
Late order or decision not invalid
(6.2) The failure of the Board to comply with the time
limit does not affect the jurisdiction of the Board to con-
tinue with and determine the application or referral and
any order or decision made by the Board after the time
limit is not for that reason invalid.
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For greater certainty
(6.3) For greater certainty, the Board may exercise any
of its powers under this Part, including any powers re-
specting its processes and procedures, for the purpose of
ensuring, to the extent possible, that it complies with the
time limit referred to in subsection (6.1).
Filing of agreement before decision
(6.4) An employer and trade union may enter into an
agreement referred to in subsection (2) and file it in ac-
cordance with subsection (3) at any time before the
Board has determined an application made under sub-
section (4). If they do so, at the time of filing of the agree-
ment, the Board ceases to be seized of the application.
1998, c. 26, s. 37
7 Section 87.6 of the Act is replaced by the follow-
ing:
Reinstatement of employees after strike or lockout
87.6 At the end of a strike or lockout not prohibited by
this Part, the employer must reinstate employees in the
bargaining unit who were on strike or locked out, in pref-
erence to any other person.
1998, c. 26, s. 39
8 Paragraph 89(1)(e) of the Act is replaced by the
following:
(e) the Board has determined any referral made pur-
suant to subsection 87.4(5); and
1998, c. 26, s. 42(2)
9 (1) Subsection 94(2.1) of the Act is repealed.
(2) Section 94 of the Act is amended by adding the
following after subsection (3):
Prohibition relating to replacement workers
(4) Subject to subsection (7), during a strike or lockout
not prohibited by this Part, no employer or person acting
on behalf of an employer shall use the services of any of
the following persons to perform all or part of the duties
of an employee who is in the bargaining unit on strike or
locked out:
(a) any employee or any person who performs man-
agement functions or who is employed in a confiden-
tial capacity in matters related to industrial relations,
if that employee or person is hired after the day on
which notice to bargain collectively is given;
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(b) any contractor, other than a dependent contractor,
or any employee of another employer;
(c) any employee whose normal workplace is a work-
place other than that at which the strike or lockout is
taking place or who was transferred to the workplace
at which the strike or lockout is taking place after the
day on which notice to bargain collectively is given;
(d) any volunteer, student or member of the public.
Clarification — continuing services
(5) If, before the day on which notice to bargain collec-
tively was given, an employer or person acting on behalf
of an employer was using the services of a person re-
ferred to in paragraph (4)(b) and those services were the
same as or substantially similar to the duties of an em-
ployee in the bargaining unit, they may continue to use
those services throughout a strike or lockout not prohib-
ited by this Part involving that unit so long as they do so
in the same manner, to the same extent and in the same
circumstances as they did before the notice was given.
Prohibition relating to employees in bargaining unit
(6) Subject to subsection (7), during a strike or lockout
not prohibited by this Part that, with the exception of
work performed for the purpose of compliance with sec-
tion 87.4 or 87.7, is intended to involve the cessation of
work by all employees in the bargaining unit, no employ-
er or person acting on behalf of an employer shall use the
services of any employee in that unit for a purpose other
than compliance with those sections.
Exception — threat, destruction or damage
(7) An employer or person acting on behalf of an em-
ployer who uses the services of any person referred to in
paragraphs (4)(a) to (d) or of an employee referred to in
subsection (6) does not contravene subsection (4) or (6) if
(a) the services are used solely in order to deal with a
situation that presents or could reasonably be expect-
ed to present an imminent or serious
(i) threat to the life, health or safety of any person,
(ii) threat of destruction of, or serious damage to,
the employer’s property or premises, or
(iii) threat of serious environmental damage affect-
ing the employer’s property or premises;
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(b) the use of the services is necessary in order to deal
with the situation because the employer or person act-
ing on behalf of an employer is unable to do so by any
other means, such as by using the services of a person
who is not referred to in paragraphs (4)(a) to (d) or in
subsection (6); and
(c) in the case of the services of a person referred to in
paragraphs (4)(a) to (d), the employer or person act-
ing on behalf of an employer gave the employees in
the bargaining unit on strike or locked out the oppor-
tunity to perform the necessary work before using the
services of that person.
For greater certainty
(8) For greater certainty, an employer or person acting
on behalf of an employer may rely on subsection (7) only
for the conservation purposes referred to in paragraph
(7)(a) and not for the purpose of continuing the supply of
services, operation of facilities or production of goods in
a manner contrary to subsection (4) or (6).
1998, c. 26, s. 45(2)
10 Paragraph 99(1)(b.3) of the Act is replaced by
the following:
(b.3) in respect of a failure to comply with subsection
94(4), by order, require the employer to stop using, for
the duration of the dispute, the services of any of the
persons referred to in paragraphs 94(4)(a) to (d) to
perform all or part of the duties of an employee who is
in the bargaining unit on strike or locked out;
(b.4) in respect of a failure to comply with subsection
94(6), by order, require the employer to stop using, for
the duration of the dispute, the services of any em-
ployee referred to in that subsection;
11 The Act is amended by adding the following
after section 99:
Time limit
99.01 (1) Despite subsection 14.2(2), if a complaint is
made under section 97 in respect of an alleged failure by
an employer or a person acting on behalf of an employer
to comply with subsection 94(4) or (6), the Board must
exercise its powers and perform its duties and functions
under section 98 and, if applicable, under section 99,
within the time limit prescribed by the regulations or, if
no time limit is prescribed, as soon as feasible.
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Copy of decision and order
(2) The Board must send a copy of its decision and any
order to the parties and to the Minister within the time
limit referred to in subsection (1).
12 The Act is amended by adding the following
after section 100:
Prohibited use of services during strike or lockout
100.1 Every employer who contravenes subsection 94(4)
or (6) is guilty of an offence and liable on summary con-
viction to a fine not exceeding $100,000 for each day dur-
ing which the offence is committed or continued.
13 Section 111 of the Act is amended by adding
the following after paragraph (f):
(g) prescribing a time limit for the purposes of subsec-
tion 99.01(1), as well as rules respecting the Board’s ju-
risdiction, and the validity of a decision or order made
by it, after the time limit;
14 The Act is amended by adding the following
after section 111:
Administrative monetary penalties
111.01 (1) The Governor in Council may make regula-
tions establishing an administrative monetary penalties
scheme for the purpose of promoting compliance with
subsections 94(4) and (6), including regulations
(a) designating as a violation the contravention of
subsection 94(4) or (6);
(b) respecting the administrative monetary penalties
that may be imposed for a violation, including in rela-
tion to
(i) the amount, or range of amounts, of the admin-
istrative monetary penalties that may be imposed
on employers or classes of employers,
(ii) the factors to be taken into account in imposing
an administrative monetary penalty,
(iii) the payment of administrative monetary penal-
ties that have been imposed, and
(iv) the recovery, as a debt, of unpaid administra-
tive monetary penalties;
(c) respecting the persons or classes of persons who
are considered a party to the violation and the
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amount, or range of amounts, of the administrative
monetary penalties for which they are liable;
(d) respecting what constitutes sufficient proof that a
violation was committed;
(e) respecting the powers, duties and functions of the
Board and of any person or class of persons who may
exercise powers or perform duties or functions with
respect to the scheme, including the designation of
such persons or classes of persons by the Board;
(f) respecting the proceedings in respect of a violation,
including in relation to
(i) commencing the proceedings,
(ii) the defences that may be available in respect of
a violation, and
(iii) the circumstances in which the proceedings
may be brought to an end; and
(g) respecting reviews or appeals of any orders or de-
cisions in the proceedings.
Violation or offence
(2) If an act or omission may be proceeded with as a vio-
lation or as an offence, proceeding with it in one manner
precludes proceeding with it in the other.
SOR/2001-520; SOR/2012-305, s. 1
Consequential Amendments to
the Canada Industrial Relations
Board Regulations, 2012
15 Paragraph 14(f) of the Canada Industrial Re-
lations Board Regulations, 2012 is replaced by
the following:
(f) unfair labour practice complaints respecting dis-
missals for union activities referred to in subsection
94(3) of the Code and prohibited uses of services re-
ferred to in subsections 94(4) and (6) of the Code; and
16 Paragraph 41.1(f) of the Regulations is re-
placed by the following:
(f) a copy of the notice of dispute, if any;
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Transitional Provisions
Words and expressions
17 (1) Unless the context otherwise requires,
words and expressions used in this section have
the same meaning as in the Canada Labour
Code.
Maintenance of activities
(2) Subsections 12.001(1), 87.2(4) and 87.4(2) to (5),
the portion of subsection 87.4(6) before para-
graph (a), subsections 87.4(6.1) to (6.4) and para-
graph 89(1)(e) of the Canada Labour Code, as en-
acted by sections 1, 5, 6 and 8, respectively, apply
in respect of any collective bargaining if the no-
tice to bargain collectively is given on or after the
day on which this section comes into force.
Prohibitions — uses of services during strikes and
lockouts
(3) Subsections 22(1) and 29(1.1), section 87.6, sub-
sections 94(4) to (8), paragraphs 99(1)(b.3) and
(b.4), sections 99.01 and 100.1, paragraph 111(g)
and section 111.01 of the Canada Labour Code, as
enacted by sections 3, 4 and 7, subsection 9(2) and
sections 10 to 14, respectively, apply as of the day
on which this section comes into force in respect
of any strike or lockout that is ongoing on that
day.
Coming into Force
Twelve months after royal assent
18 This Act comes into force on the day that, in
the 12th month after the month in which it re-
ceives royal assent, has the same calendar num-
ber as the day on which it receives royal assent
or, if that 12th month has no day with that num-
ber, the last day of that 12th month.
Published under authority of the Speaker of the House of Commons
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Available on the House of Commons website
Disponible sur le site Web de la Chambre des com