Bill C-58: New Obligations for Companies under Federal Jurisdiction

On November 9^th, in the House of Commons, the Honourable Seamus O’Regan, Canada’s Minister of Labour and Seniors, tabled Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012. The primary purpose of the bill is to prohibit companies under federal jurisdiction from using replacement workers in the event of strikes or lockouts.

The bill’s provisions are modelled largely on those set out in the Québec Labour Code, which prohibit the use of such replacement workers in specific circumstances. Bill C-58, however, goes further than Québec’s legislation by specifically prohibiting the use of replacement workers in telework.

In addition, Bill C-58 seeks to review the procedure for determining the essential activities that must be maintained in the event of a strike or lockout involving a federally regulated company. Accordingly, the powers of the Canada Industrial Relations Board would be reviewed.

The BCF Labour and Employment Law team will continue to monitor the legislative process surrounding Bill C-58 closely and publish updates accordingly. Please feel free to contact our team with any questions you may have on this matter.