With sweeping new federal labour legislation set to take effect in June, the board tasked with enforcing it remains critically understaffed, according to internal documents. Blacklock's Reporter says the Canada Industrial Relations Board, responsible for overseeing labour disputes in the federally regulated private sector, has only 17 members to handle the expected surge in cases once Bill C-58 becomes law on June 20.The legislation will prohibit the use of replacement workers during legal strikes or lockouts, and will impose fines of up to $100,000 per day on employers who violate the rule. It also changes the framework for managing essential services during job actions. A Department of Justice briefing dated April 24 warns that the board will have only 82 days to resolve any applications or referrals related to maintaining operations during work stoppages.Despite this looming deadline, the board has not expanded its capacity. “As I read the legislation, there will be a lot more pressure for us to deal with these applications,” said Ginette Brazeau, chair of the board, during Commons committee testimony earlier this year.Brazeau said the current workload includes about 25 to 30 ongoing disputes at any given time but acknowledged that the new law introduces unknowns. “Replacement workers, we don’t necessarily have an estimate of what that will look like,” she said.When pressed by Conservative MP Kyle Seeback on whether the board has the resources to meet the law’s requirements, Brazeau was blunt. “That is correct,” she said when asked if funding was insufficient. “It will be difficult for us to meet the timelines that are in the bill as proposed.”Passed last June, Bill C-58 amends the Canada Labour Code and was designed to curb the use of replacement labour in federally regulated industries such as transportation, ports, and telecommunications. In a 2023 labour department memo, officials noted that employers used replacement workers in 30 of 75 strikes or lockouts over the previous decade.Employer groups have criticized the legislation, warning of economic fallout. “These bans incentivize strike activity and discourage collective bargaining,” testified Derrick Hynes, then-CEO of Federally Regulated Employers Transportation and Communication. “Those most affected by replacement worker bans are everyday Canadians. When major employers like airlines, ports, railways and telecom are shut down, supply chains break.”
