OTTAWA — The Carney government is proposing new restrictions on when Ottawa can intervene in federally regulated labour disputes while explicitly clarifying the labour minister’s authority to direct the federal labour board to suspend or end strikes and lockouts.Bill C-39 would change the Canada Labour Code by establishing new requirement around the labour minister’s existing powers under section 107. .The government says the legislation does not give the minister new powers. Instead, it would establish a process that must be followed before the minister can direct the Canada Industrial Relations Board to take specific measures in a labour dispute.Those measures could include suspending or ending a strike or lockout.Under the proposed changes, a special mediator would first be appointed to work with the union and employer for 21 days in an attempt to reach an agreement.If the dispute remains unresolved, the mediator would submit a report addressing whether the parties have exhausted the bargaining process and could identify possible terms for a settlement..The union and employer would then have five days to consider the mediator’s findings. If no agreement is reached, the report would be made public.Employment and Social Development Canada’s Labour Program would also conduct a national impact assessment before the minister could intervene.The minister would then have to determine that the strike or lockout is adversely affecting the “national interest.”The assessment would consider the dispute’s economic and public consequences, effects on other sectors and vulnerable populations, possible alternatives to government intervention and the interests of collective bargaining.It would also consider the Charter-protected right to strike.The changes come after Ottawa’s use of Section 107 became a significant issue in federal labour relations. The provision gives the labour minister broad authority to take measures considered necessary to maintain or secure industrial peace and promote the settlement of labour disputes.Bill C-39 would leave that intervention authority in place but establish conditions the government says must be satisfied before it is exercised.The definition and application of the “national interest” test could become a key issue for unions, since the ultimate determination would remain with the labour minister.The legislation also includes other changes affecting federally regulated workplaces.Ottawa plans to add 100 health and safety officers, which the government says would increase its inspection capacity by about 70%.Another 26 employees would be added to the Canada Industrial Relations Board to address complaint backlogs.The government is also proposing increased enforcement against employers that improperly classify workers, a practice that can prevent employees from receiving protections and benefits they would otherwise be entitled to under federal labour law.
