Defining 'essential work' too broadly in agreements could backfire and trigger arbitration, lawyer says.
Effective June, 20 of this year, new amendments made to Bill C-58 will ban federally regulated employers from using replacement workers to do the work of unionized employees who are on strike or locked - out.
The bill, known informally as “anti-scab legislation,” amends the Canada Labour Code and repeals sections of the Industrial Relations Board Regulations of 2012 that had allowed limited use of replacement workers.
Seamus O'Regan, Minister of Labour and Seniors, who helped pass the bill in 2024, says it aims to give workers the ability to strike without being undermined and. encourage parties to negotiate agreements more quickly, reducing the frequency of work stoppages.
It will affect employers in federally regulated industries such as airlines, banks, telecommunications companies, and others.
For employers and HR professionals, these changes go beyond compliance, says Richard Charney, senior partner at Norton Rose Fulbright.
“Think six months, one year, two years ahead in terms of what workplace is going to need...to survive a strike,” he says.
According to Canada’s Labour Code, employers will be banned from bringing in workers after a union gives notice to bargain. That includes volunteers, students, contractors, and employees from other locations.
However, Charney says there is an exception to this rule.
Employers or...
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