Ottawa eyes Labour Code conflict intervention changes, minister says

Canada's federal government is considering changes to how it intervenes in labor disputes, with Jobs Minister Patty Hajdu indicating a desire to move away from what she calls a "contentious" section of the Labour Code. The government is consulting with employers and unions to modernize the code, aiming to promote earlier engagement between parties and minimize prolonged work stoppages.

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The goal of these consultations is to understand how to minimize those times where relationships are so frayed, where people are so angry with each other, that coming to an agreement about the next five years seems like an impossible task.

Hajdu explained that the consultations seek to understand how to reduce instances where relationships between parties become so strained that reaching an agreement seems impossible. The goal is also to provide pathways forward with assistance from the Canada Industrial Relations Board when disputes do arise.

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And then also to provide tools that when, in those rare cases that have broken down, there is a path forward with help from the (Canada Industrial Relations Board).

However, the Canadian Labour Congress president, Bea Bruske, expressed concerns that the initial consultations felt rushed. She stressed that the right to strike is fundamental and not negotiable. Bruske stated that while Canadians expect the government to act as a fair referee during job actions, employers increasingly expect intervention to favor their side.

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In the rare occasions when bargaining requires job action, Canadians expect the government to act as a referee, ensuring fairness and respect for the rules.

Ottawa has previously used Section 107 of the Labour Code to intervene in high-profile disputes involving railways, ports, and Canada Post. This section allows the minister to refer parties to the industrial relations board, which can then order binding arbitration. Both employers and unions have voiced strong opinions on Section 107 during consultations, highlighting deep divisions on its importance and continued use.

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But more and more, the employers have expected the government to get in the game and tip the scales on their behalf.