Employment lawyer provides takeaways for HR on proposed changes around Section 107, ‘special mediators, essential services and wage protections
The federal government’s sweeping review of the Canada Labour Code has put long‑criticized ministerial powers over disruptive strikes and lockouts squarely in the spotlight, according to one employment lawyer.
“The review of Section 107 of the Code is the elephant in the room in this whole consultation,” says Christopher Pigott, partner at Fasken in Toronto.
“[It] has been the tool that the Minister of Labour has used for the past two years to deal with very disruptive strikes and lockouts in those critical federal sector industries,” he says, adding it has faced, politically, "huge blowback from the union movement.”
Ottawa recently launched consultations on potential changes to the Code that could alter collective bargaining timelines, introduce a new “special mediator” role, strengthen protections against wage theft, and modernize occupational health and safety standards, including psychological safety and the use of AI.
The consultation paper confirms that Ottawa is looking at the mechanics of collective bargaining under Part I of the Code. Currently, the legislation does not prescribe when parties must begin direct bargaining, though it allows negotiations to start as early as four months before a collective agreement expires.
The government is also reviewing the 60‑day conciliation period and...
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