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End Minister's Control Over Labour Board

Full Title: An Act to amend the Canada Labour Code

Summary#

This bill repeals section 107 of the Canada Labour Code. That section lets the Minister of Labour take steps to promote the settlement of a labour dispute, including sending questions to the Canada Industrial Relations Board (CIRB) or directing the CIRB to take actions the Minister thinks are needed. The bill makes no other changes to the Code. The bill text does not set an effective date. (Bill Summary; Bill §1)

  • Ends the Minister’s authority to refer questions to the CIRB for dispute settlement. (Bill Summary; Bill §1)
  • Ends the Minister’s authority to direct the CIRB to take measures to promote settlement. (Bill Summary)
  • Leaves all other Canada Labour Code provisions in place. (Bill §1)
  • Applies to federally regulated workplaces only; provincial labour laws are unaffected. (Bill §1)

What it means for you#

  • Households

    • No direct change to household obligations or benefits. Any indirect effects would come through how federal-sector labour disputes are managed. Data unavailable.
  • Workers (federally regulated sectors such as interprovincial transportation, communications, banking, and federal Crown corporations)

    • In a dispute, the Minister of Labour would no longer be able to refer questions to the CIRB or direct the CIRB to act to promote settlement. Disputes would proceed without those ministerial interventions. (Bill Summary; Bill §1)
    • Other rights and procedures under the Canada Labour Code are unchanged. (Bill §1)
    • Effective date is not specified in the bill text. (Bill §1)
  • Employers (federally regulated)

    • You would no longer face ministerial directions to the CIRB aimed at promoting a settlement under section 107. (Bill Summary; Bill §1)
    • All other Code obligations and dispute processes remain as they are. (Bill §1)
  • Unions (federally regulated)

    • The Minister would lose the ability to direct the CIRB to take measures to promote settlement or to refer questions to the CIRB under section 107. (Bill Summary; Bill §1)
    • Bargaining, conciliation, and adjudication processes outside section 107 are not altered by this bill. (Bill §1)
  • Canada Industrial Relations Board (CIRB) (federal labour board that decides labour relations matters)

    • You would no longer receive referrals or directions from the Minister under section 107 for the purpose of promoting a settlement. (Bill Summary; Bill §1)
    • Your other statutory powers and duties under the Code are not changed by this bill. (Bill §1)
  • Provincial/territorial and local governments

    • No direct impact. The bill amends federal labour law only. (Bill §1)

Expenses#

Estimated net cost: Data unavailable.

  • The bill makes a single change (repeal of section 107) and includes no spending authority, appropriations, taxes, or fees. (Bill §1)
  • No official fiscal note identified. Data unavailable.
  • Administrative impacts on the Department of Labour or the CIRB are not detailed. Data unavailable.

Proponents' View#

  • Enhances independence of the CIRB by removing the Minister’s ability to direct the Board’s actions in disputes, reducing the risk of political involvement in case management. (Bill Summary; Bill §1)
  • Clarifies roles: dispute resolution stays with parties and the CIRB, not the Minister, by eliminating ministerial referrals and directions under section 107. (Bill Summary; Bill §1)
  • Supports consistent application of the Code by removing a broad discretionary power to “take any measure” to promote settlement. Assumption: discretion could lead to uneven use; evidence on past use is not provided. (Bill Summary)

Opponents' View#

  • Removes a tool that could help end disruptive disputes, since the Minister could no longer refer questions to the CIRB or direct it to act to promote settlement. Potential for longer or harder-to-resolve disputes is uncertain. (Bill Summary)
  • Reduces flexibility for the federal government to respond in complex or high-impact labour disputes in federally regulated sectors. Extent of impact depends on how often section 107 is currently used; data unavailable. (Bill Summary)
  • May cause delays if, without ministerial direction, the CIRB cannot be prompted to prioritize certain dispute issues. This assumes section 107 has been used to accelerate resolution; data on usage frequency is unavailable. (Bill Summary)
Labor and Employment

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