Canada’s proposed labour reforms could shift power away from workers in major disputes
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Strikes are a key tool workers use during collective bargaining disputes, and Bill C-39 has renewed debate over the role of government in resolving such disputes.
The mediator would have 21 days to work with the union and employer before preparing a report outlining the issues in dispute and the likelihood of settlement.
In fact, the Teamsters launched a legal challenge to the federal government’s use of Section 107 after Ottawa forced an end to the August 2024 national rail shutdown.
If a significant economic impact is sufficient to justify ending a strike under the government’s new framework, then Bill C-39 could limit the ability of workers in strategically important sectors to use one of their primary bargaining tools.
Balancing economic and labour rights There are potentially constructive reforms in Bill C-39 that deserve consideration.
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Article Excerpt
Strikes are a key tool workers use during collective bargaining disputes, and Bill C-39 has renewed debate over the role of government in resolving such disputes. Air Canada flight attendants on strike at Vancouver International Airport in Richmond, B.C., on Aug. 16, 2025. THE CANADIAN PRESS/Ethan Cairns
Canada’s proposed labour reforms could shift power away from workers in major disputes
Published: September 23, 2026 10.30am EDT
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The federal government’s newly tabled Bill C-39 would give Ottawa a more direct and explicit role in labour disputes in federally regulated sectors, changing how the government may respond to strikes and lockouts.
The labour provisions are part of a larger piece of legislation aimed at strengthening Canada’s economic resilience, protecting supply chains and supporting national projects.
The changes would apply to workplaces governed by the Canada Labour Code, which covers sectors that include railways, airlines, ports, telecommunications, postal services and banks, as well as other industries under federal jurisdiction.
The government has presented the changes as a way to reduce unnecessary intervention, but the legislation could instead make it easier for Ottawa to normalize and justify intervention in disputes collective bargaining is designed to manage.
The bill would codify and structure the federal labour minister’s authority under Section 107 of the Canada Labour Code to direct the Canada Industrial Relations Board to take action to prevent strikes and lockouts, including referring a dispute to binding arbitration.
That could alter the balance of bargaining power between unions and employers in federally regulated industries, particularly where workers’ ability to withhold their labour is their principal source of leverage.
A new intervention process
The government has described the changes as “a guardrail” around the code’s controversial Section 107.
Under the proposed framework, the labour minister could appoint a special mediator to assist parties that remain unable to reach a collective agreement. The mediator would have 21 days to work with the union and employer before preparing a report outlining the issues in dispute and the likelihood of settlement. The report would become public five days after being issued unless the parties reached an agreement in the meantime.
Patty Hajdu, Minister of Jobs and Families, speaks during a news conference in Ottawa on Sept. 21, 2025, as…
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