Bill C-420: An Act to amend the Canada Labour Code, the Official Languages Act and the Canada Business Corporations Act

Bill C-420 If you have any questions or comments regarding the accessibility of this publication, please contact us at [email protected]. First Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content Canada Labour Code Official Languages Act Canada Business Corporations Act First Session, Forty-second Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018 HOUSE OF COMMONS OF CANADA BILL C-420 An Act to amend the Canada Labour Code, the Official Languages Act and the Canada Business Corporations Act FIRST READING, November 1, 2018 Mr. Marcil 421549 SUMMARY This enactment amends the Canada Labour Code to make it an offence for employers to hire replacement workers to perform the duties of employees who are on strike or locked out. The enactment also amends that Act to, among other things, authorize the Minister of Labour to enter into an agreement with the government of a province to provide for the application, to pregnant and nursing employees, of certain provisions of the provincial legislation concerning occupational health and safety. Finally, the enactment amends that Act, the Official Languages Act and the Canada Business Corporations Act to clarify the application of the Charter of the French Language in Quebec. Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 42nd Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018 HOUSE OF COMMONS OF CANADA BILL C-420 An Act to amend the Canada Labour Code, the Official Languages Act and the Canada Business Corporations Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.‍S.‍, c. L-2 Canada Labour Code 1 The Canada Labour Code is amended by adding the following after section 4: Application in Quebec 4.‍1 Any federal work, undertaking or business operating in Quebec is subject to the requirements of the Charter of the French Language, R.‍S.‍Q.‍, c. C-11. 2 Section 87.‍6 of the Act is replaced by the following: Reinstatement of employees after strike or lockout 87.‍6 At the end of a strike or lockout not prohibited by this Part, the employer must reinstate employees in the bargaining unit who were on strike or locked out, in preference to any other person, unless the employer has a valid reason not to reinstate those employees. 3 Subsection 94(2.‍1) of the Act is replaced by the following: Prohibitions relating to replacement workers (2.‍1) During a strike or lockout not prohibited by this Part, no employer or person acting on behalf of an employer shall (a) use the services of a person to perform the duties of an employee who is a member of the bargaining unit on strike or locked out, if that person was hired during the period beginning on the day on which notice to bargain collectively was given and ending on the last day of the strike or lockout; (b) use the services of a person employed by another employer, or the services of a contractor, to perform the duties of an employee who is a member of the bargaining unit on strike or locked out; (c) subject to section 87.‍4, use, in the place of employment where the strike or lockout has been declared, the services of an employee who is a member of the bargaining unit on strike or locked out; (d) use, in another place of employment of the employer, the services of an employee who is a member of the bargaining unit on strike or locked out; (e) use, in the place of employment where the strike or lockout has been declared, the services of an employee employed in another place of employment of the employer; or (f) use, in the place of employment where the strike or lockout has been declared, the services of an employee usually employed in that place of employment to perform the duties of an employee who is a member of the bargaining unit on strike or locked out. Protection of property (2.‍2) Subsection (2.‍1) does not have the effect of preventing the employer from taking any necessary meas­ures to avoid the destruction of, or serious damage to, the employer’s property. Exceptions (2.‍3) Subsection (2.‍1) does not apply to (a) a person employed as a manager, superintendent or supervisor or an employer representative; or (b) a person serving as a director or officer of a corpor­ation, unless the person has been designated to serve in that capacity for the person’s employer by the employees or by a certified trade union. 4 Paragraph 99(1)‍(b.‍3) of the Act is replaced by the following: (b.‍3) in respect of a failure to comply with subsection 94(2.‍1), by order, require the employer to stop using, for the duration of the dispute, the services of a person described in any of paragraphs 94(2.‍1)‍(a) to (f); 5 Section 100 of the Act is amended by adding the following after subsection (4): Hiring of replacement workers (5) Every person who contravenes or fails to comply with subsection 94(2.‍1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding ten thousand dollars for each day or part of a day during which the offence continues. 6 The Act is amended by adding the following after section 132: Agreement – application of provincial legislation 132.‍1 (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of a province to provide for the application, to the employees referred to in section 132, of certain provisions of the provincial legislation concerning occupational health and safety if the Minister is of the opinion that the provincial legislation is at least as favourable to the employees as the federal legislation. Provision not applicable (2) Without prejudice to any other right conferred by this Act, by a collective agreement or other agreement, or by any terms and conditions of employment, an employee may not cease to perform her job under section 132 while an agreement is in force in the province. Report 132.‍2 Within one year after the day on which section 132.‍1 comes into force, and every five years after that, the Minister shall prepare a report on any agreements that are in force, under negotiation or expired, and cause it to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. R.‍S.‍, c. 31 (4th Supp.‍) Official Languages Act 7 The preamble of the Official Languages Act is amended by adding the following after the last paragraph: AND WHEREAS the Government of Canada recognizes that French is the official language of Quebec and the common language in Quebec; 8 Subsection 41(2) of the Act is replaced by the following: Undertaking (1.‍1) The Government of Canada undertakes not to obstruct the application in Quebec of the Charter of the French Language, R.‍S.‍Q.‍, c. C-11. Duty of federal institutions (2) Every federal institution has the duty to ensure that positive measures are taken for the implementation of the commitments and undertaking under subsections (1) and (1.‍1). For greater certainty, this implementation shall be carried out while respecting the jurisdiction and powers of the provinces and, in Quebec, while respecting the Charter of the French Language, R.‍S.‍Q.‍, c. C-11. 9 Section 43 of the Act is amended by adding the following after subsection (1): Implementation in Quebec (1.‍1) Any measure referred to in subsection (1) shall be implemented, in Quebec, in a manner that is consistent with the objectives of the Charter of the French Language, R.‍S.‍Q.‍, c. C-11. 10 Section 55 of the Act is renumbered as subsection 55(1) and is amended by adding the following: Quebec (2) In Quebec, the Commissioner shall carry out the duties and functions referred to in subsection (1) in a manner that does not obstruct the application of the Charter of the French Language, R.‍S.‍Q.‍, c. C-11. R.‍S.‍, c. C-44; 1994, c. 24, s. 1(F) Canada Business Corporations Act 11 Section 10 of the Canada Business Corporations Act is amended by adding the following after subsection (3): Exception (3.‍1) Despite subsection (3), the name of a corporation that carries on business in the Province of Quebec shall meet the requirements of the Charter of the French Language, R.‍S.‍Q.‍, c. C-11.‍ Published under authority of the Speaker of the House of Commons Publication Explorer Publication Explorer ParlVU