Bill 89 and the Future of Labour Disputes in Quebec

Passed by the National Assembly on May 29, 2025, Bill 89 (An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out, hereinafter the “Bill”) will come into force on November 30, 2025. The Bill, which has faced strong opposition from unions, will bring significant change to industrial relations in Quebec by introducing three main changes to the Labour Code¹ (hereinafter, the “Code”), namely:

1. The harmonization of provisions governing lock-outs in public services;
2. The maintenance of services that ensure the well-being of the population; and
3. New discretionary powers conferred upon the Minister of Labour.

The recent strikes affecting public transportation in the Montreal area provide a timely opportunity to reflect on the future of labour disputes in Quebec and to assess the changes introduced by the Bill.

1. The harmonization of provisions governing lock-outs in public services

First of all, the Bill now allows employers of organizations operating a public service to declare a lock-out by providing a notice of seven clear working days. Until now, only employees could call a strike in these services, by sending such a notice to the employer concerned, the Minister of Labour and, in certain cases, the Administrative Labour Tribunal (“ALT“). The purpose of this amendment is to harmonize and rebalance the power dynamic between employees in public services and their employers by allowing the latter to resort to lock-outs.

However, it remains prohibited to order a lock-out when a decision of the ALT orders the maintenance of essential services, as in the case of a strike.

Finally, it should be noted that the notion of “public service” is given a broad interpretation under the Code. It refers to the type of service provided rather than to the public or private nature of the company offering it. For example, public transit companies and waste management or recycling companies are considered public service, regardless of whether they are publicly or privately operated.

2. The maintenance of services that ensure the well-being of the population

Previously, the Code allowed the ALT to order the maintenance of services in two situations: (1) when a labour dispute arose in public services deemed essential, i.e. services whose absence could endanger public health or safety, or (2) when a dispute in the public and quasi-public sectors threatened to compromise a service to which the public is entitled.

The Act now introduces a third category of dispute for which the ALT has jurisdiction to intervene in the same manner: those involving services that ensure the well-being of the population. This concept, which has yet to be precisely defined, encompasses the services that are “minimally required to prevent the population’s social, economic or environmental security from being disproportionately affected, in particular that of people in vulnerable situations²”.

In practice, the government will designate by decree the companies or organizations responsible for providing such services. Once designated, an employer or union may apply to the ALT for a decision concerning which services need to be maintained in the event of a strike or lock-out. As it is already the case for essential services, the parties must first attempt to negotiate the level of services to be maintained and then submit their agreement or disagreement to the ALT for a decision.

3. New discretionary powers conferred upon the Minister of Labour

Finally, one of the most controversial aspects of the Bill is undoubtedly the new discretionary powers granted to the Minister of Labour. From now on, the Minister will be able to terminate any strike or lock-out, with the exception of those affecting the public and quasi-public sectors, when he considers that the situation is causing or threatening to cause serious or irreparable harm to the public. In such cases, the parties will have to submit their dispute to an arbitrator, who will determine the working conditions of the employees affected by the conflict.

This new mechanism is inspired by section 107 of the Canada Labour Code, which allows the Minister to take any measure that “[…] seem[s] likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes or differences³“.

However, the powers granted to the Minister by the Bill appear to be more limited, insofar as the Minister’s intervention is only possible after the parties have unsuccessfully submitted their dispute to a mediator or conciliator. Finally, even if what is designated as serious or irreparable harm remains uncertain, the Minister’s comments and the general scheme of the Bill suggest that this discretionary power is designed to only be used in exceptional circumstances.

In brief

While its concrete scope and the uses to which it will be put remain uncertain, the coming into force of the Bill and of the amendments it brings to the Code mark the beginning of a new chapter for industrial relations in Quebec. From now on, the interests of the population affected by labour disputes will occupy a more prominent role. The industrial power dynamic, which traditionally oscillated between union and management interests, will now have to make room for a new player- the public- whose interests the government intends to champion.

¹ C-27.

² Bill, art. 4; Code, art. 111.22.4, which will come into force November 30, 2025.

³ Canada Labour Code (R.S.C., 1985, c. L-2)