Jump to content

Canadian labour law

From Wikipedia, the free encyclopedia
(Redirected from Back to work legislation)

Part of a series on
Canadian law
Sources
Core areas
Other areas
Courts
Education

Canadian labour law is that body of law which regulates the rights, restrictions, and obligations of trade unions, workers, and employers in Canada.

Regulatory framework

[edit]

The federal, provincial, and territorial governments all regulate labour and employment law in Canada, with the federal government regulating a few particular economic sectors and the provinces and territories regulating all others. The constitution[1] gives exclusive federal jurisdiction over employment as a component of its regulatory authority for specific industries, including banking, radio and TV broadcasting, inland and maritime navigation and shipping, inland and maritime fishing, as well as any form of transportation that crosses provincial boundaries (essentially aviation and rail transport but not highways). Employment outside of federally regulated industries falls under provincial authority for most civil (including contract) law.[2] Territories generally have similar powers as provinces but by those powers are delegated by federal statute (not constitutionally guaranteed), can be less extensive in scope, differ for each of the three territories, are subject to change accruing over time, and also interact to a large extent with Inuit, Métis and First Nations governments. Unless under federal jurisdiction, the laws which are in effect are those of the province or territory where the employment takes place (rather than the employee's home or the employer's head office).

Canada's varied labour laws are a result of its geography, historical, and cultural variety. This expressed in law through the treaty-/land-based rights of individual indigenous nations, the distinct French-derived law system of Quebec, and the differing labour codes of each of the provinces and territories.

In areas of exclusive provincial jurisdiction, each province (and increasingly each territory) has authority to regulate . So, for example, education (except education on First Nation reserves) and municipal government are both subject to provincial legislation (the territories excepted).

While Quebec's statutory environment is considerably different in many respects, most provinces and the federal Code all follow the standard of enterprise-based bargaining structures. They also share a certification process (the details of which differ somewhat from province to province) through which unions are recognized by the state as having the support of a majority of workers in a narrowly defined workplace.

One feature common to all provincial and federal labour laws is the "Rand Formula". This legal concept allows employees in unionized workplaces to decline union membership, but requires them to pay the equivalent of basic union dues even if they decide not to be union members.

Strikes

[edit]

The right of workers to strike and picket against their employer is constitutionally protected in Canada, according to the Supreme Court of Canada's 2015 ruling in Saskatchewan Federation of Labour v Saskatchewan.

The right to strike is an essential part of a meaningful collective bargaining process in our system of labour relations... This crucial role in collective bargaining is why the right to strike is constitutionally protected by s. 2 (d). [of the Canadian Constitution].[3]

Picketing

[edit]

The law concerning the granting of injunctions that limit picketing during strikes varies from province to province, and is largely case law rather than statutory.[4]

British Columbia

[edit]

In 2002, the British Columbia government changed the Employment Standards Branch, replacing the investigation system that used to reply to labour law violations with an 18-page "Self-Help Kit" and mediation process. However, this has been criticized as changing the government's role "from enforcers of labour standards to being wage dispute resolvers."[5]

Back to work legislation

[edit]

The federal and provincial governments have had the ability to introduce "back-to-work legislation", a special law that blocks the strike action (or a lockout) from happening or continuing. Canadian governments could also have imposed binding arbitration or a new contract on the disputing parties. Back-to-work legislation was first used in 1950 during a railway strike, and as of 2012 had been used 33 times by the federal government for those parts of the economy that are regulated federally (grain handling, rail and air travel, and the postal service), and in more cases provincially. In addition, certain parts of the economy can be proclaimed "essential services" in which case all strikes are illegal.

On 30 January 2015, the Supreme Court of Canada ruled that there is a constitutional right to strike.[8] In this 5–2 majority decision, Justice Rosalie Abella ruled that "[a]long with their right to associate, speak through a bargaining representative of their choice, and bargain collectively with their employer through that representative, the right of employees to strike is vital to protecting the meaningful process of collective bargaining…" [paragraph 24]. This decision adopted the dissent by Chief Justice Brian Dickson in a 1987 Supreme Court ruling on a reference case brought by the province of Alberta (Reference Re Public Service Employee Relations Act (Alta)). The exact scope of this right to strike remains unclear.[9]

Federal legislation classified as "back to work" legislation by the Parliament of Canada[10]
Legislation Citation Royal assent Bill citation
Port of Montreal Operations Act, 2021 S.C. 2021, c. 6 2021-04-30 Bill C-29
Postal Services Resumption and Continuation Act S.C. 2018, c. 25 2018-11-26 Bill C-89
Protecting Air Service Act S.C. 2012, c. 2 2012-03-15 Bill C-33
Restoring Rail Service Act S.C. 2012, c. 8 2012-05-31 Bill C-39
Continuing Air Service for Passengers Act N/A (bill not proceeded with) Bill C-5
Restoring Mail Delivery for Canadians Act S.C. 2011, c. 17 2011-06-26 Bill C-6
Railway Continuation Act, 2009 N/A (bill not proceeded with) Bill C-61
Railway Continuation Act, 2007 S.C. 2007, c. 8 2007-04-18 Bill C-46
Government Services Act, 1999 S.C. 1999, c. 13 1999-03-25 Bill C-76
Postal Services Continuation Act, 1997 S.C. 1994, c. 34 1997-12-03 Bill C-24
West Coast Ports Operations Act S.C. 1994, c. 1 1994-02-08 Bill C-312
West Coast Ports Operations Act, 1995 S.C. 1994, c. 2 1995-03-16 Bill C-74
Maintenance of Railway Operations Act, 1995 S.C. 1995, c. 6 1982-11-03 Bill C-77
British Columbia Grain Handling Operations Act S.C. 1991, c. 25 1991-06-14
Public Sector Compensation Act S.C. 1991, c. 30 1991-10-02
Thunder Bay Grain Handling Operations Act S.C. 1991, c. 31 1991-10-11
Postal Services Continuation Act S.C. 1991, c. 35 1991-10-29
Government Services Resumption Act S.C. 1989, c. 24 1989-12-15
Prince Rupert Grain Handling Operations Act S.C. 1988, c. 1 1988-01-20
Maintenance of Ports Operations Act, 1986 S.C. 1986, c. 46 1986-11-18
Maintenance of Railway Operations Act, 1987 S.C. 1987, c. 36 1987-08-28
Postal Services Continuation Act, 1987 S.C. 1987, c. 40 1987-10-16
West Coast Ports Operations Act, 1982 S.C. 1980-81-82, c. 126 1982-11-03
Shipping Continuation Act S.C. 1978-79, c. 2 1978-10-23
Postal Services Continuation Act S.C. 1978-79, c. 1 1997-12-03
Port of Halifax Operations Act S.C. 1976-77, c. 1 1976-10-22
Air Traffic Control Services Continuation Act S.C. 1976-77, c. 57 1977-08-09
West Coast Grain Handling Operations Act, 1974 S.C. 1974-75-76, c. 1 1974-10-10
West Coast Ports Operations Act, 1975 S.C. 1974-75-76, c. 32 1975-03-24
St. Lawrence Ports Operation Act, 1975 S.C. 1974-75-76, c. 39 1975-04-24
Maintenance of Railway Operations Act, 1973 S.C. 1973-74, c. 32 1973-08-31
St. Lawrence Ports Operations Act S.C. 1972, c. 22 1972-07-07
West Coast Ports Operations Act S.C. 1972, c. 23 1972-09-01
St. Lawrence Ports Working Conditions Act S.C. 1967, c. 49 1966-07-14
Maintenance of Railway Operation Act, 1966 S.C. 1966-67, c. 50 1966-09-01
Maritime Transportation Union Trustees Act S.C. 1963, c. 17 1963-10-18
Railway Operations Continuation Act S.C. 1960-61, c. 2 1960-12-02
British Columbia Coast Steamship Service Act S.C. 1958, c. 7 1958-07-25
Maintenance of Railway Operation Act S.C. 1950-51, c. 1 1950-08-30
Ontario provincial back to work legislation
Legislation Citation Royal assent Bill citation
Toronto Public Transit Service Resumption Act, 2008 S.O. 2008, c. 4 2008-04-27 Bill 66 [11]
Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017 S.O. 2017, c. 21 2017-11-19 Bill 178 [12]
City of Toronto Labour Disputes Resolution Act, 2002 S.O. 2002, c. 11 2002-07-11 Bill 174
York University Labour Disputes Resolution Act, 2009 S.O. 2009, c. 1 2009-01-29 Bill 145
Toronto Transit Commission Labour Disputes Resolution Act, 2011 S.O. 2011, c. 2 2011-03-30 Bill 150
Public Sector Transition Stability Act, 1997 S.O. 1997, c. 21 1997-10-10 Bill 136
Quebec provincial back to work legislation
Legislation Citation Royal assent Bill citation
An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out N/A (bill pending) Bill 89 [13]
An Act to ensure resumption of the regular maritime transport services provided by Relais Nordik inc. and to settle the dispute between that company and some of its employees S.Q. 2016, c. 20 2016-06-10 Bill 111 [14]
An Act to ensure the resumption of work in the construction industry and the settlement of disputes for the renewal of the collective agreements, SQ 2017, c 9 S.Q. 2017, c. 9 2017-05-30 Bill 142 [15]
An Act respecting the resumption of work in the construction industry S.Q. 2013, c. 20 2013-07-01 Bill 54 [16]
An Act respecting the resumption of normal public transport service in the territory of the Société de transport de la Communauté urbaine de Québec S.Q. 2000, c. 51 2000-12-05 Bill 183
An Act to order the resumption of certain road freight transport services S.Q. 2000, c. 38 2000-11-02 Bill 157
British Columbia provincial back to work legislation
Legislation Citation Royal assent Bill citation
University of British Columbia Services Continuation Act S.B.C. 2003, c. 10 2003-03-12 Bill 21 [17]
Health Care Services Continuation Act S.B.C. 2001 c. 23 2001-06-20
Crown Counsel Agreement Continuation Act S.B.C. 2005 c. 4 2005-03-03
Saskatchewan provincial back to work legislation
Legislation Citation Royal assent Bill citation
An Act to provide for the Resumption of Instruction, Teaching and Examination of Students at The University of Saskatchewan S.S. 1988-89, c U-7.1 1988-04-08 [17]
An Act to provide for the Resumption of Operations of Dairy Producers Co-operative Limited and Palm Dairies Limited S.S. 1979-80, c M-1.1 1980-05-09
An Act to provide for the Resumption of Operations of Dairy Producers Co-operative Limited and Palm Dairies Limited S.S. 1983-84, c. D-1.1 1984-04-09
The Resumption of Services (Nurses - SUN) Act S.S. 1999, c R-22.001 1999-04-08 Bill 23 [18]
Alberta provincial back to work legislation
Legislation Citation Royal assent Bill citation
Public Sector Services Continuation Act S.A. 2013, c. p-41.5 2013-12-11 Bill 45 [19]
Health Services Continuation Act S.A. 1982, c. 21 1982-03-10 Bill 11
New Brunswick provincial back to work legislation
Legislation Citation Royal assent Bill citation
An Act to Amend an Act to Ensure Resumption and Continuation of Certain Non-Teaching Services in the Public Service S.N.B. 1982, c. 21 1982-06-17 Bill 18
An Act to Ensure the Continuation of Certain Public Services in the Public Service S.N.B. 2001, c. 1 2001-03-05 Bill 30 [20]
Newfoundland and Labrador provincial back to work legislation
Legislation Citation Royal assent Bill citation
Public Services Resumption and Continuation Act S.N.L 2004, c P-44.1 2004-05-04 Bill 18 [21]
Health and Community Services Resumption and Continuation Act S.N.L. 1999, c H-37.2 1999-04-01
Nova Scotia provincial back to work legislation
Legislation Citation Royal assent Bill citation
Ambulance Services Continuation (2013) Act S.N.S. 2013, c. 31 2013-07-05 Bill 86 [22]
Healthcare Services Continuation (2001) Act S.N.S. 2001, c. 27 2001-06-27 Bill 68 [23]

See also

[edit]

References

[edit]
  1. ^ The Constitution Act, 1867 (U.K.), 30 & 31 Victoria, c. 3., §§91, 92A, 94A, 95.
  2. ^ The Constitution Act, 1867 (U.K.), 30 & 31 Victoria, c. 3., §92.
  3. ^ Saskatchewan Federation of Labour v. Saskatchewan (SCC Case Information: 35423)]
  4. ^ Stephen Gleave et al, 2011. "The Labour Injunction in Canada".
  5. ^ Johnson, C. J. (March 3, 2004). "Ripe for Abuse". The Tyee.
  6. ^ Health Services and Support—Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27, [2007] 2 S.C.R. 391.
  7. ^ Ontario (Attorney General) v. Fraser, 2011 SCC 20, [2011] 2 S.C.R.  3.
  8. ^ Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4
  9. ^ Ha-Redeye, Omar (February 1, 2015). "Finding More "Meaning" in the Future of Labour Law – Slaw". Retrieved July 3, 2019.
  10. ^ "Federal Back to Work Legislation". lop.parl.ca. Retrieved May 18, 2025.
  11. ^ Draaisma, Muriel; Balintec, Vanessa (June 6, 2024). "TTC strike averted as union, management reach last-minute deal". CBC News. Archived from the original on June 7, 2024. Retrieved May 18, 2025.
  12. ^ "OPSEU to file charter challenge over college back-to-work law". Canadian HR Reporter. November 24, 2017. Archived from the original on May 24, 2025. Retrieved May 24, 2025.
  13. ^ Wilson, Jim (February 20, 2025). "Quebec tables back-to-work legislation". HR Reporter. Archived from the original on February 21, 2025. Retrieved May 18, 2025.
  14. ^ "Grève du Bella Desgagnés: une situation problématique pour les Innus" [Bella Desgagnés strike: a problematic situation for the Innu]. TVA Nouvelles. Archived from the original on June 9, 2016. Retrieved May 24, 2025.
  15. ^ "Quebec government tables bill forcing construction workers back to work by Wednesday". CTV News. May 29, 2017. Archived from the original on May 18, 2025. Retrieved May 18, 2025.
  16. ^ "Quebec passes bill to end construction strike; workers back on the job Tuesday". Journal of Commerce. July 2, 2013. Archived from the original on May 18, 2025. Retrieved May 18, 2025.
  17. ^ a b "Labour peace at UBC". CBC News. April 14, 2003. Archived from the original on May 18, 2025. Retrieved May 18, 2025.
  18. ^ "20 years ago nurses in Saskatchewan wildcatted. Could the same happen today?". Organizing Work. April 25, 2019. Archived from the original on July 4, 2019. Retrieved May 18, 2025.
  19. ^ Climenhaga, David (February 4, 2015). "Supreme Court of Canada ruling on Saskatchewan public service labour law has huge implications for Alberta". Alberta Politics. Archived from the original on April 11, 2019. Retrieved May 18, 2025.
  20. ^ "What you need to know about the nursing home labour dispute". CBC News. March 9, 2019. Archived from the original on March 28, 2019. Retrieved May 24, 2025.
  21. ^ "HIGHLIGHTS OF MAJOR DEVELOPMENTS IN LABOUR LEGISLATION" (PDF). Centre for Industrial Relations & Human Resources. University of Toronto. Archived (PDF) from the original on April 19, 2022. Retrieved May 24, 2025.
  22. ^ "Bill to Protect Health, Safety of Nova Scotians Passes". news.novascotia.ca. July 5, 2013. Retrieved May 18, 2025.
  23. ^ Pothier, Dianne (July 1, 2002). "Twenty Years of Labour Law and the Charter". Osgoode Hall Law Journal. 40 (3): 369–400. doi:10.60082/2817-5069.1440. ISSN 2817-5069.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Canadian_labour_law&oldid=1292110178#Back_to_work_legislation"