Two federal labour bills now in force

CANADA LABOUR CODE

Bill C-19, the federal government’s package of amendments to the industrial relations portion of the Canada Labour Code, received Royal Assent on June 18, 1998. The Bill (see “Proposed amendments to the Canada Labour Code unveiled” and “Amendments to Canada Labour Code re-introduced” on our Publications page) has as its most controversial feature the provision making it an unfair labour practice to use replacement workers during a strike for the “demonstrated purpose of undermining a trade union’s representational capacity rather than the pursuit of legitimate bargaining objectives”.

CANADIAN HUMAN RIGHTS ACT

As well, Bill S-5, which included a series of amendments to the Canadian Human Rights Act, was proclaimed in force on June 30, 1998. This Bill is noteworthy because it incorporates the duty to accommodate into the criteria for a bona fide occupational requirement, and strengthens the institutional independence of the Human Rights Tribunal. (See “Two rulings by Federal Court shut down Bell Canada pay equity case” and “Bill S-5 to amend the Canadian Human Rights Act on our Publications page.)

For further information on this subject, please contact Steven Williams at (613) 563-7660, extension 231.

Related Articles

For Cause Provision Defines “Cause” Too Broadly, Rendering Entire Termination Provision Illegal Under the Canada Labour Code

Recently, termination provisions in employment contracts have been subject to increased scrutiny by the courts. As a result, there are…

College’s Contracting Out of Student Counselling Services was Lawful

In Ontario Public Service Employees Union v La Cité, Emond Harnden’s own André Champagne and Joël Rocque successfully secured the…

Arbitrator Upholds Employer’s Minimum Workplace Attendance Requirement

In a decision released on May 16, 2025, involving the International Development Research Centre (“IDRC”) and the Public Service Alliance…