MPs Unanimously Vote for Bill to Prohibit Replacement Workers During Strikes

MPs Unanimously Vote for Bill to Prohibit Replacement Workers During Strikes
Labour Minister Seamus O’Regan speaks during a news conference in Ottawa, Canada, on Oct. 9, 2022. (Adrian Wyld/The Canadian Press)
Jennifer Cowan
Updated:
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Canada’s “anti-scab” bill has unanimously passed its third and final reading in the House of Commons this week, as Ottawa looks to ban federal employers from using replacement workers during strikes.

MPs voted 316–0 in favour of Bill C-58 on May 27, seeing the legislation pass on to the Senate where it has already achieved its first reading. It must pass three readings in the Senate and receive royal assent from the governor general before it is made law.

Bill C-58 seeks to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations to prohibit the use of replacement workers if there’s a strike or lockout in a federally regulated workplace.

“I think it is a real message to workers right across this country that they are valued and that parliamentarians have heard them, and that scab labour is wrong,” Labour Minister Seamus O’Regan told reporters following the vote.

Prime Minister Justin Trudeau, Conservative Leader Pierre Poilievre, and Bloc Quebecois Leader Yves-Francois Blanchet all cast their votes in favour virtually, while NDP Leader Jagmeet Singh supported the bill in-person.

Mr. Singh credited his party for forcing the Liberals to forge ahead with the legislation, calling the May 27 vote a “historic day.”

Once made law, the bill will hand power back to the workers while “taking away power from the CEOs,” Mr. Singh told reporters prior to casting his vote.

“We hope that not only will we make sure this is banned at the federal level, but we can inspire provinces and territories to put in place similar legislation so that we can, once and for all, ban scab workers at every level across this country,” he added.

Both British Columbia and Quebec already have legislation in place that bans the use of replacement workers, and Mr. O’Regan said he is hoping other provinces will follow suit.

The legislation applies to a wide variety of workplaces including airports, banking, broadcasting, railways, and telecommunications as well as federal Crown corporations. If a company chose to use scab labour during strikes or lock-outs, it would face fines of $100,000 a day under the legislation.

Bill C-58 would also require employers and unions to come to an agreement within 15 days to determine what work needs to continue during a strike or lockout, if any. If the parties cannot come to an agreement, the Canada Industrial Relations Board (CIRB) would decide what activities need to be maintained within 90 days.

Union leaders and labour advocates lauded the legislation’s passage on May 27, and are now calling on the Senate to pass Bill C-58 quickly.

“Workers have fought for generations to get to this day, but there is still a final step,” Unifor National President Lana Payne said in a press release.

“C-58 modernizes Canada’s labour relations system to reflect the current social and economic context of this country, where increased corporate power and wealth requires an effective counter-balance. We call on the Senate to pass C-58 as soon as possible and put it to work without delay.”

Canadian Labour Congress president Bea Bruske said the bill will mean “restoring fairness to the collective bargaining process, less labour disruptions, avoiding work stoppages and building a more balanced economy.”

The bill has been opposed by small business groups.

“When work stoppages shut down essential services, such as federally regulated ports, railways and airports, it’s small businesses, their employees and Canadians who pay the price,” the Canadian Federation of Independent Business (CFIB) said in a statement on May 27.

“CFIB is asking the Senate to provide the sober, second thought needed to seriously consider the implications this bill would have on Canada’s economy.”

The Canadian Chamber of Commerce also opposed the legislation.

“If this bill becomes law, the next time a strike shuts down rail or air travel, cell service or credit card payments, or port operations that keep products on shelves and fresh produce in grocery stores, the costs to all Canadians will be higher – all because of the politicians’ decision to put politics ahead of Canadians’ best interests,” said Perrin Beatty, the organization’s president and CEO.

When the bill was first introduced, Mr. O’Regan said it would be implemented within 18 months of its passage. He said this week, however, that the legislation would take effect 12 months after its adoption.