Repeal section 107 (Canada Labour Code)

AI summary

Petitioners ask the House to pass Bill C-247 to repeal Section 107 of the Canada Labour Code and stop ministerial power to end strikes. The government responds it treats section 107 as a last resort.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the House of Commons in Parliament assembled Section 107 of the Canada Labour Code gives sweeping, undemocratic powers to the Minister responsible for labour relations to violate the right to strike, allowing the Minister to direct the Canada Industrial Relations Board (CIRB) to do whatever the government subjectively “deems necessary” to “secure industrial peace”. Liberal Ministers have interpreted this to mean they can end a strike by simply sending an email; The Government of Canada has repeatedly invoked Section 107 to violate the right to strike and undermine fair collective bargaining, including against striking postal workers, rail workers, port workers and flight attendants. Most recently, the Minister of Jobs and Families invoked Section 107 less than 12 hours after CUPE flight attendants began their strike in opposition to unpaid work; In 2016 the Supreme Court of Canada recognized that the right to strike is an “essential” and “indispensable” component of the right to collective bargaining, and ruled that the right to strike is protected under the Charter of Rights and Freedoms; and At a time when countless workers across Canada are seeing costs for essentials like housing, groceries and transportation skyrocketing, our leaders should be promoting fair collective bargaining and liveable wages, not undermining them by attacking the right to strike. We, the undersigned, residents of Canada, call upon the House of Commons to pass Bill C-247 into law without amendments to repeal Section 107 of the Canada Labour Code and stop violations of the right to strike in Canada.

Government response

Response by the Secretary of State (Seniors) Signed by Annie Koutrakis The Government recognizes that the right to strike is a fundamental component of meaningful collective bargaining. As affirmed by the Supreme Court of Canada, collective bargaining, including the right to strike, is protected under the Canadian Charter of Rights and Freedoms and remains essential to a fair and effective labour relations system. Agreements reached at the bargaining table provide the most effective and durable resolutions to labour disputes. The Government continues to support this process through the Federal Mediation and Conciliation Service (FMCS), which assists parties in federally regulated sectors during collective bargaining. Over the past five years, the vast majority of labour disputes are resolved without a strike or lockout The Canada Labour Code includes mechanisms that support both collective bargaining and the broader public interest. Under section 107, the Minister of Labour may refer any question to the Canada Industrial Relations Board or direct it to do such things as, to the Minister, seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of disputes or differences. The use of section 107 to put an end to a work stoppage and order arbitration is limited and is considered on a case-by-case basis. It is regarded as a last resort, when other efforts, including mediation, have not resulted in resolution and where the impacts on broader economic and public interest considerations must also be taken into account, including the stability of key sectors and supply chains. The Government recently concluded consultations with unions, employers, workers, and Indigenous partners to examine opportunities to modernize the labour relations system, including the use of section 107 and potential measures to enhance transparency and guidance for its application. Input from these consultations will inform future policy direction aimed at strengthening collective bargaining and supporting stable and productive labour relations. The Government has recently launched consultations with unions, employers, workers and Indigenous partners to examine potential opportunities to strengthen the labour relations framework. The Government consulted on a vast array of topics, including section 107. The Government continues to review submissions received on section 107 and beyond and will deliver a What We Heard Report in due course. The Government remains committed to an approach that protects the right to strike, while supporting economic stability and the well-being of all Canadians.