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.