Government preparing to invoke statute adopted earlier this year amid transit disruption
The dispute that has curtailed bus and métro service in Montreal is more than just a local inconvenience for commuters. For HR leaders across Canada, it is another signal of how far governments may be prepared to go when work stoppages disrupt services that touch a broad segment of the public.
The Quebec government is preparing to invoke a statute adopted earlier this year, often referred to as Bill 89, ahead of its scheduled implementation date of Nov. 30. By doing so, it would gain immediate authority to step into the ongoing strike by roughly 2,400 maintenance employees at the Société de transport de Montréal (STM), whose walkout has restricted transit service largely to peak hours and late evenings since the end of October.
For human resources professionals, the STM conflict is further indication of a more interventionist environment in which governments play a decisive role in shaping the outcome of labour disputes.
From historic strike activity to legislative response
The backdrop to this dispute is an unusually intense period of labour activity in Quebec, with about 691 work stoppages and a wave of public sector strikes in 2023. Most of those disputes were settled only during 2024, after protracted negotiations.
It is in this context that the Quebec government adopted Bill 89, formally titled An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out. The statute, passed in May 2025, was originally set to come into force on Nov. 30.
The current STM dispute has prompted the government to move up that date through new legislation, effectively allowing it to use the statute’s powers immediately.
Bill 89 changes
Bill 89 introduces several elements that HR professionals should understand, particularly if they operate in sectors that affect the public directly.
First, the statute creates a broader category of services that must be maintained during a work stoppage. Existing “essential services” rules, which typically focus on health and safety, are supplemented by a new concept of services that ensure the well-being of the population. Public transit, utilities and other everyday services could be captured by this language, depending on how it is interpreted.
Second, the statute gives the Labour Minister authority to refer an ongoing dispute to binding arbitration when specific conditions are met. If a strike or lockout is considered to cause, or risk causing, serious or irreparable harm to the public and mediation has not resolved the conflict, the minister can require the parties to submit to arbitration. When that step is taken, strike or lockout activity must cease.
Third, Bill 89 strengthens enforcement. Employers and unions that fail to maintain required services face the risk of daily monetary penalties.
