As unions criticise legislation, government seeks public input
Quebec’s Minister of Labour Jean Boulet has tabled Bill No. 101, aiming to modernise key employment standards, occupational health and safety provisions, and labour relations frameworks.
Introduced during the first session of the 43rd Legislature, Bill 101, An Act to Improve Certain Labour Laws, focuses on revising the Occupational Health and Safety Act:
- Employers will be able to reclaim certain wage costs from the CNESST when reassigning pregnant or breastfeeding employees to modified duties.
- Two new seats will be added to the CNESST Board of Directors—one for a union representative and one for an employer representative from the public or parapublic sector.
- Employers in the education, health, and social services sectors will face temporary special rules for workplace safety committees, including prescribed minimum hours for health and safety representatives based on establishment size.
These temporary measures will cease on a date determined by the government, with a full review planned by October 1, 2029.
Bill 101 also expands job-protected unpaid leave entitlements:
- Reservists will qualify for leave after just three months of continuous service.
- Employees will also be entitled to unpaid leave if unable to work due to public health orders, disasters, or emergencies.
The legislation also mandates that union associations must present audited financial statements annually to their members during general assemblies. Unions must also provide free copies upon request.
This provision is expected to enhance financial transparency and accountability within the labour movement, with employers indirectly benefiting from improved member oversight, according to the legislation.
Grievance arbitration, fines
Also, Bill 101 reforms grievance arbitration timelines under the Labour Code, setting a six-month deadline for appointing an arbitrator following the filing of a grievance. Hearings must commence within one year of the grievance’s deposit, aiming to resolve workplace disputes more efficiently. Parties will also be required to consider mediation before proceeding to arbitration, encouraging alternative dispute resolution.
Changes to the Administrative Labour Tribunal framework will tighten access to workers’ personal health information, according to the legislation. Only authorised individuals will be permitted to view certain case files, reinforcing employee privacy protections in workplace injury disputes.
Bill 101 also increases fines under multiple labour statutes. Penalties for obstructing investigators, failing to maintain required records, or breaching workplace safety laws will now be much steeper. Repeat offenders will see fines double on a first recurrence and triple on further violations.
For instance, penalties for obstructing a CNESST investigator can now reach up to $25,000 depending on the nature of the offender, whether an individual or an organisation.
Previosusly, Quebec introduced legislation to prevent and fight psychological harassment and sexual violence in the workplace “the protection of workers in their work environment and the protection of the exercise of workers’ recourses to ensure that protection.”
Unions criticize Quebec’s Bill 101
The Quebec Employers Council (CPQ) welcomes the introduction of Bill 101.
"The bill addresses some long-standing concerns expressed by employers, particularly regarding grievance arbitration timeframes and union transparency,” says Marie-Claude Perreault, interim president and CEO of the Quebec Employers Council (CPQ).
“These are concrete advances that can improve the efficiency of the labour market and reduce some administrative burdens. However, we remain very disappointed that the requested adjustments regarding employers' access to relevant elements of workers' medical records in order to be able to carry out sound and effective management of occupational injury claims are not included in the bill.”
However, workers’ unions have a different view of the legislation.
“Reducing arbitration delays is a step in the right direction to make sure our members’ rights are respected,“ says Robert Comeau, president of the Alliance du personnel professionnel et technique de la santé et des services sociaux (APTS).
“But the government should also try to prevent conflicts from escalating into legal disputes, and it must have sufficient resources – including a sufficient number of active arbitrators – to make sure these timelines are actually followed.”
He adds that Boulet is “undermining his own reform of occupational health and safety by developing a two-track system”.
“He wants the government to be free of the legal obligations he’s imposing on other employers. Are women employed in public services not entitled to the same prevention mechanisms as sectors where men make up the majority? This is outrageous.”
Meanwhile, Unifor criticises the legislation’s take on workers’ right to strike
“Rather than allowing a neutral body to oversee labour disputes, this bill opens the door to a system where employers can use their privileged access to the corridors of political power to influence the Minister and by-pass collective bargaining,” says Daniel Cloutier, Unifor’s Quebec director.
The general public can comment on Bill 101 right here.
Earlier this year, Quebec legislation that aims to ensure that essential government services will still be provided in case of labour conflicts.
