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

Comment Period Open on Proposed Regulations Regarding Incoming Paid Medical Leave Under the Canada Labour Code

On December 17, 2021, Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code, received Royal Assent. …

Arbitrator Dismisses Union Grievance Regarding Decision Not to Fill Position After Employee’s Retirement

On May 17, 2022, Emond Harnden’s very own Sébastien Huard and Marianne Abou-Hamad successfully represented their client in a grievance…

Arbitrator Upholds University’s Decision to Terminate Financial Officer with Lengthy History of Performance Issues and Workplace Conflict

On May 17, 2022, Arbitrator Kathleen O’Neil released her decision in The Ontario Secondary Schools Teachers’ Federation, Local 35 and…