This affects you if you work for, or run, a federally regulated business — such as a bank, airline, railway, port, or telecommunications company — and your workplace has a union. It especially affects you if your current collective agreement was reached after a strike or lockout, was imposed by a third party, or runs five years or more, because you will face new bargaining deadlines and a wage freeze starting 200 days before the contract expires.
- Unions and employers whose last contract resulted from an imposed settlement, involved a strike or lockout, or runs five years or more must start bargaining earlier — between 200 and 180 days before the contract expires (roughly six to seven months out). They must notify the Minister of Labour and the Canada Industrial Relations Board (the federal labour tribunal) in writing before the first meeting.
- From the 200th day before expiry, employers covered by the early-bargaining rule are frozen: they cannot change wages, benefits, or any other working condition without the union's consent, until the legal conditions for a strike or lockout are met.
- Both sides must engage with the Federal Mediation and Conciliation Service (a government office that helps labour disputes) without delay after giving written notice. They must bargain in good faith and make every reasonable effort to reach a deal.
- Conciliation officers (neutral helpers appointed by the Minister) now have a fixed 90-day window to assist the parties, or longer if both sides agree. Conciliation boards and commissioners must report within 90 days. If no report arrives, the Minister is automatically treated as having received it at the 90-day mark.
- The Minister can appoint a special mediator (a new role) at any point up to the 75th day after a conciliation officer or board is appointed. The special mediator has 21 days to work with the parties and must report to the Minister. The Minister must share that report with the parties and make it public, removing only personal information or confidential business details. Appointing a special mediator does not pause the right to strike or lock out.
- Before the Minister can order workers back or impose a settlement during a strike or lockout, the Minister must have read the special mediator's report and must be of the opinion that the dispute adversely affects or may adversely affect the national interest. This is a new precondition that did not exist before.
- For first collective agreements (a union's very first contract with an employer), if no deal is reached within nine months of the notice to bargain, either side can apply to the Board for a binding settlement. The Board must issue that order. A binding order suspends the right to strike or lock out.
- Within six months of signing, renewing, or revising a contract that followed an imposed settlement or a strike or lockout, the Minister must appoint a mediator to help the parties improve their relationship. Both sides must meet with that mediator.
- When a service contract changes hands at an airport or in other prescribed industries (contractor succession), the new service provider automatically inherits the union, the collective agreement, and any pending labour proceedings from the previous provider. Workers do not lose their union representation just because the contract switches companies.
- The Board can now certify a single union to represent workers across multiple employers in the long-shoring industry or other industries designated by regulation — even without a union application — if the employers share a common pool of workers.
- Newly certified unions must send a copy of their certification order to the Minister without delay. The Federal Mediation and Conciliation Service must then engage with both sides to help reach a first contract.
- Trade unions that declare or authorize an illegal strike face fines up to $1,000 per day. Union officers or representatives who personally authorize an illegal strike face fines up to $10,000. These penalties mirror existing fines for employers who cause illegal lockouts.
- The Board's power to order compliance or compensation is extended to cover breaches of the new early-bargaining rules, the employer wage freeze, and the good-faith bargaining duty. The government can also set financial penalties (administrative monetary penalties) for those breaches by regulation, and can require public naming of violators.
Sources in the bill: Clause 304(1)Clause 304(2)Clause 305Clause 306Clause 307(1)Clause 307(2)Clause 308Clause 309Clause 310(1)Clause 310(2)Clause 310(3)Clause 311Clause 312Clause 313Clause 314Clause 315Clause 316Clause 317Clause 318Clause 319Clause 320Clause 321Clause 322Clause 323Clause 324Clause 325Clause 326Clause 327Clause 328Clause 329Clause 330(1)Clause 330(2)Clause 331Clause 332Clause 333Clause 334Clause 335Clause 336(2)Clause 336(3)Clause 337(1)Clause 337(2)Clause 337(3)Clause 338Clause 339Clause 340Clause 341(1)Clause 341(2)Clause 341(3)