Strikes and lockouts: new provisions adopted giving greater consideration to the needs of the population

Essential services among public services 

Services ensuring the well-being of the population

Special powers granted to the Minister

Scope of application (subject to exclusions) 

Public or comparable services
(ss. 111.0.16 and 111.0.17 L.C.)

Parties designated by the government by order
(s. 111.22.4 L.C.)

Any dispute, but does not apply to certain sectors or organizations listed in s. 111.32.1 L.C.

Process by which dispute is rendered subject to mechanism

ALT decision
(s. 111.0.17 L.C.)

ALT decision
(s. 111.22.5 L.C.)

Notice from the Minister to the parties (s. 111.32.2 L.C.)

Application criteria

Possibility of endangering public health or safety (s. 111.0.17 L.C.)

Disproportionate impact on the social, economic or environmental security of the population, particularly that of persons in vulnerable situations
(s. 111.22.3 L.C.)

Labour conflict that causes or threatens to cause serious or irreparable harm to the public and unsuccessful intervention of a conciliator or mediator
(s. 111.32.2 L.C.)

Effect once subject to mechanism

Right to strike temporarily suspended until legal requirements are met
(s 111.0.17 L.C.)

Right to lockout prohibited in public services
(s. 111.0.26 L.C.)

Continuation of strike or lockout after a decision making the dispute subject to the mechanism is rendered, unless exceptional circumstances warrant otherwise pending a decision by the ALT on whether the minimum services to be maintained are sufficient (s. 111.22.11 L.C.)

Right to strike and lockout ceasing at the time indicated on the Minister’s notice (s. 111.32.2 L.C.)

Procedure

1. Mandatory negotiation between the parties (s. 111.0.18 L.C.)

1. Mandatory negotiation between the parties within seven clear working days of an ALT decision
(s. 111.22.7 L.C.)

Parties consulted for 10 days on choice of arbitrator. If this fails, appointment by the Minister
(s. 111.32.3 L.C.)

At any time, the parties may agree upon one of the matters of the dispute. The agreement shall be recorded in the arbitration award, which shall not amend it
(s. 111.32.4 L.C.).

Procedure

2. Forwarding of the agreement to the ALT for sufficiency assessment. If no agreement is reached, the union must forward a list of which services must be maintained
(s. 111.0.18 L.C.).

2. Forwarding of the agreement to the ALT for sufficiency assessment
(s. 111.22.8 L.C.)

Dispute referred to arbitration, with necessary adaptations (ss. 111.32.2 and 111.32.5 L.C.)

Procedure

3. ALT can help the parties to reach an agreement
(s. 111.0.18 L.C.)

3. ALT can help the parties to reach an agreement (s. 111.22.7 L.C.)

n/a

ALT’s main role

Sufficiency assessment, recommendations to parties in the event of insufficiency
(s. 111.0.19 L.C.)

Sufficiency assessment, determination of services to be maintained in case of insufficiency or if no agreement is reached (ss. 111.22.8 and 111.22.9 L.C.)

Rule on the conditions of employment in dispute.

Term and amendment of decisions

The ALT’s decision to require a certified association and an employer to maintain services applies to each negotiation stage.

The ALT may also amend or revoke its decision at any time (s. 111.0.17.1 L.C.).

The ALT’s decision to require a certified association and an employer to maintain services applies to the negotiation stage in progress.

The ALT may also amend or revoke its decision at any time, after the parties have submitted their views (s. 111.22.10 L.C.).

Save for some exceptions, the award binds the parties for no less than one year or more than three years. The parties may, however, agree to amend the content, wholly or in part (s. 92 L.C.).

The arbitrator may at any time correct an award containing a mistake in writing or calculation or any other clerical error (s. 91.1 L.C.).

Entry into force

October 30, 2019

November 30, 2025

November 30, 2025