The Canadian government plans to introduce legislation by the end of 2023 to prohibit the use of replacement workers in federally regulated workplaces during a strike or lockout.
Labour Minister Seamus O’Regan Jr. says this will make sure that all workers in federally regulated sectors continue to benefit from a meaningful right to strike.
“I’m opening tripartite negotiations with employers and unions on a replacement worker ban, on the best way to respect workers interests and employers interests,” said O’Regan. “This government will always protect free and fair collective bargaining, because collective bargaining is about good jobs. It’s about safe work. It’s about earning more when it’s time to earn more, and getting rest when it’s time to rest.”
“It’s about what workers deserve in return for their labour, and how employers can profit from a health and happy workforce. It’s about certainty, It’s about stability and predictability for business,” he added.
Consultations are now underway to hear from Canadians and stakeholders on this commitment. Employers, employer representatives, unions, workers, national Indigenous organizations and other key stakeholders and interested parties are invited to share their feedback on prohibiting the use of replacement workers and improving the maintenance of activities process by December 16, 2022. Following the consultation period, the feedback received will inform the development of legislation.
Part I of the Canada Labour 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.
Part I of the Code applies to 985,000 employees and 22,100 employers in interprovincial and international transportation, banking, postal and courier services, telecommunications, grain shipping, Indigenous government on First Nations territories, and Crown corporations, among others.
