Bill Banning Replacement Workers Unanimously Passes Second Reading

Natural Resources Minister Seamus O'Regan responds to a question during question period in the House of Commons in Ottawa on Feb. 17, 2020. The Canadian Press/Adrian Wyld

A labour bill aimed at banning replacement workers in the federally regulated private sector garnered unanimous support in the Commons Feb. 27, passing its second reading with a vote of 318–0.

Labour Minister Seamus O’Regan hailed the moment as significant.

“This is a big deal. This is history,” he said.

He said the unanimous vote underscored the robustness of the “labour movement,” as first covered by Blacklock’s Reporter.

The proposed legislation, Bill C-58, An Act to Amend the Canada Labour Code, seeks to limit the ability of federally regulated employers to employ replacement workers during strikes or lockouts, introducing penalties of up to $100,000 per day for violations.

The bill introduced on Nov. 9 is now set to undergo scrutiny by the Commons human resources committee.

Mr. O’Regan articulated what he sees as the critical nature of this juncture.

“This is where the rubber hits the road,” he said.

“This is a vote for workers in this country. Unionized workers have been looking for this legislation for as long as there has been a labour movement in this country.”

Although Conservative MPs supported the bill at second reading without much commentary, Bloc Québécois members highlighted a provision that postpones the bill’s enactment until 18 months after its passage into law.

Bloc MP Luc Desilets commented on the delay, suggesting the political landscape could see significant changes within that timeframe, potentially including two more minority governments.

Concerns were raised by Bloc MP Louise Chabot at a Feb. 5 human resources committee hearing regarding the risks associated with the 18-month delay. She queried Mr. O’Regan on his commitment to expedite the legislative process, to which he responded that experts and the legislative process need time.

Ms. Chabot pressed further on the urgency desired by unions and the possibility of accelerating the process with all-party support, to which Mr. O’Regan affirmed the potential for acceleration with such support.

Mr. O’Regan went on to outline his thinking behind the bill’s introduction.

He said replacement workers interfere with negotiations, extend conflicts, and can damage workplace relations for years. The stability of the economy relies on the commitment of employers and unions to remain engaged in negotiations to reach agreements, he stated.

Bill C-58, distinct from previous such bills presented to Parliament, emerged from collaborative efforts involving workers, employers, and tripartite discussions, he said. He admitted these discussions, which he personally attended, were fraught with tension.

Finally, he said the bill enhances the “maintenance-of-activities process,” responding to a shared request from both employers and workers.