Eight Bill C-39 amendments target ministerial powers and mediation
Federally regulated employers could face tighter rules on government intervention in labour disputes, as two major HR organizations push for clearer limits on Ottawa's powers during collective bargaining.
CPHR Canada and the Ordre des conseillers en ressources humaines agréés du Québec have proposed eight amendments to Bill C-39, seeking greater oversight of ministerial intervention and stronger safeguards for independent mediation.
The recommendations come as Ottawa considers changes to federal collective bargaining rules, raising questions about when the government should intervene in negotiations and how disputes should be resolved.
Clearer rules for government intervention
The proposals focus on section 107 of the Canada Labour Code, which allows the federal labour minister to intervene in industrial disputes. Its use in recent conflicts has raised concerns about employers and unions relying on government intervention during strikes rather than negotiating settlements.
Bill C-39 would introduce conditions for intervention based on economic impacts, social disruption and the national interest, but the organizations argue these remain too broadly defined.
They want the minister to consider both economic and social consequences before intervening, with regulatory indicators defining significant disruption. They also propose mandatory public reports explaining each intervention and its implications for collective bargaining rights.
"The recommendations set out in this brief are specifically intended to establish a clearer framework for the exercise of ministerial intervention powers, ensuring that they are used only when genuinely warranted in the public interest," said Manon Poirier, CRHA, CEO of the Ordre.
Proposed changes to mediation and arbitration
The organizations also want changes to how special mediators are appointed under Bill C-39's proposed labour relations amendments.
Rather than allowing the labour minister to appoint a mediator directly, they recommend giving that responsibility to the Canada Industrial Relations Board (CIRB), acting at the minister's request, to strengthen independence.
They also propose limiting mandatory post-dispute involvement by the Federal Mediation and Conciliation Service to cases involving imposed arbitration, rather than agreements voluntarily reached after strikes or lockouts.
For first collective agreements, the organizations oppose a provision allowing arbitration to determine contract terms following unsuccessful conciliation, arguing that negotiated settlements should remain the priority.
Implications for collective bargaining
The proposals could give federally regulated employers greater clarity on when Ottawa might intervene during prolonged negotiations, while changing how disputes proceed through mediation and arbitration.
"Our recommendations aim to ensure that government intervention in labour disputes is limited to situations where it is necessary, while safeguarding the independence of the special mediator provided for in the bill and establishing a clearer definition of the national interest when decisions are made. These measures are intended to ensure that section 107 is applied in a non-partisan manner," said Rola Helou, CRHA, CEO of CPHR Canada.
The eight recommendations have not been adopted into law.
