Here are the main changes proposed by Bill 101: An Act to improve certain labour laws.
On April 24, 2025, Bill 101, An Act to improve certain labour laws[1] was introduced in the Quebec National Assembly. The bill has a number of objectives, including deadlines for arbitration, alternative dispute resolution, transparency in the workplace, protection of workers' incomes and penalties for infractions. The purpose of this article is to highlight the main changes proposed. It should be noted that, as of the date of publication of this article, the Bill has not yet gone through the stages of the legislative process subsequent to its adoption in principle. As such, it remains subject to ongoing amendments, and the sanctioned version, if this stage is completed, could include measures that differ from those presented here.
1. Establishment of a negotiation process offered by the CNESST following a request for administrative review
The Bill proposes the addition of a negotiation process offered by the Commission des normes, de l'équité, de la santé et de la sécurité du travail (hereinafter "CNESST") following a request for administrative review in work accident and occupational disease cases. A party who feels aggrieved by a CNESST decision may therefore apply to submit the dispute to a negotiation process. If the other party consents, any element of the request for review, or any element closely related to it, may be submitted if it is likely that a dispute will arise and that such a settlement is likely to enable an agreement to be reached. It is also possible to submit any element in dispute in the file held by the CNESST concerning the employment injury in question .[2]
This option would be available for the following types of claim:
- The worker's entitlement to an income replacement indemnity;
- Entitlement to one of the following benefits related to clothing, orthotics or prosthetics damaged in a work-related accident;
- The right to a health service covered by Chapter V - Medical assistance;
- The right to an indemnity for expenses related to a medical assessment procedure;
- The worker's ability to perform his or her job, an equivalent job or a suitable job;
- Determination of the worker's suitable employment;
- Any other matter provided for by regulation.
If an agreement is reached, it must be in writing. It is binding on the parties and puts an end to the dispute, which means that it cannot be the subject of an application for review or contestation before the Tribunal.
If no agreement is reached, or if the agreement does not resolve the entire request for review, the CNESST then has the review powers currently provided for in the Act.
It should be noted that this process remains voluntary, and that anything said or written within this framework remains confidential . [3]
2. Revision of certain grievance arbitration rules
The Bill provides that in the case of a grievance filed under the Labour Code (hereinafter "Code"), an arbitrator must be appointed within six (6) months of the filing of the grievance. At the end of this period, if no arbitrator has been appointed, the party who filed the grievance has 10 days to ask the Minister to make the appointment, failing which it will be deemed to have withdrawn the grievance[4] . Such a rule would have the advantage of preventing parties from letting grievances "linger" without referring them to arbitration for several months or even years. However, this could result in additional costs for parties forced to appoint an arbitrator, when in fact a grievance has been filed solely to protect rights (for example, a grievance contesting a disciplinary measure that will ultimately be withdrawn at the expiry of a period provided for in an amnesty clause).
Similarly, the Bill stipulates that the grievance hearing must begin no later than one year after the grievance is filed. This period may be extended only once, for a specific number of days, at the request of the parties and with the consent of the arbitrator[5] . Such a measure could require significant changes in practice, as the parties, their counsel and the arbitrators would have to ensure tighter management of the deadlines for commencing the hearing.
It should be noted that the parties should now also consider mediation as a means of resolving the grievance before resorting to arbitration[6] . The arbitrator could also hold a pre-hearing conference ex officio . [7]
Finally, disclosure of evidence would become mandatory in grievance arbitration. A party intending to produce an exhibit or piece of evidence at the hearing would have to communicate a copy to the other parties and to the arbitrator[8] . It should be noted that the Bill does not provide for any exceptions to this rule, which would a priori apply to all evidence if the section is not amended. The Bill does, however, provide for the possibility of the arbitrator authorizing the introduction of evidence that has not been disclosed in advance, if this is in the interest of the sound administration of justice. If the Bill were adopted as it stands, it is conceivable that arbitrators would accept the introduction of undisclosed evidence, if the purpose of such evidence is to test the credibility of a witness.
This Bill therefore seems to provide for various mechanisms that seek to prioritize celerity and alternative dispute resolution mechanisms. However, these changes would apply only to grievances filed after the Bill comes into force, i.e., on the date it is assented to . [9]
3. Presentation of syndical association financial statements at a general meeting of members
Associations syndicales would now be required to present their financial statements, audited in accordance with generally accepted accounting principles, to their members at a general meeting each year. Copies should also be provided free of charge to members who request them . [10]
4. Possibility of absence for reasons of public health or disaster
Employees would now be authorized to be absent from work if they are unable to perform their duties for reasons of public health or because of a disaster or imminent disaster within the meaning of the Civil Protection Act to promote resilience to disasters (c. S-2.4) . [11]
However, this absence is without pay, and it is the employee's duty to notify the employer as soon as possible, and to take all reasonable steps to limit the duration of the absence . [12]
It should be noted that the employer, if the circumstances justify it, particularly with regard to the duration of the absence, will be entitled to ask the employee to provide documents justifying the reasons for the absence . [13]
5. Employer's right to claim part of the salary of a pregnant or breast-feeding employee assigned to other duties
The Bill also provides that an employer may claim from the CNESST an amount corresponding to the difference between the gross income the worker earned from her regular job during the assignment and the gross income she would have earned from the new tasks to which she was assigned . [14]
This claim must be made on a form completed by the employer and sent to the CNESST within one year of the end of the worker's assignment . [15]
This claim would be admissible under certain cumulative conditions:
- The worker has been assigned by this employer to part-time work or to work for which the gross income is less than that earned in her regular job;
- The worker concerned by the assignment enjoyed all the benefits associated with the job she held prior to her assignment to other duties;
- The gross income that the worker would have earned from the duties to which she was assigned is less than the income determined on the basis of the maximum annual insurable income . [16]
6. Increase in penalty clause amounts
The amounts of certain penalty clauses would also be increased under the AIAOD, the Code and the Act respecting labour standards (hereinafter "ALS").
In the AIAOD, certain fines would be made more severe when the offence concerns the confidentiality of the file of a worker whose employment injury resulted from physical or psychological violence, including sexual violence . [17]
The Code also covers certain fines relating to the obligation to negotiate the terms of a collective agreement in good faith, the provocation of an illegal strike or lockout ( ) or the hindering of a unionization process ([18] ). In this regard, fines per day of violation of anti-scab provisions would increase :
- from $25 $ to $100 to $500 $ to $2,500$ in the case of an employee;
- from $1,000 to $10,000 to $5,000 to $50,000$ in the case of an officer or employee of an employee association or a director, agent or advisor of an employee association or employer;
- from $5,000 to $50,000 to $10,000 to $100,000 in the case of an employer, an association of employees or a union, federation or confederation to which an association of employees is affiliated or belongs.
Also added to this section of the Code is the offence of obstructing or hindering an inspector investigating the presence of scabs[19] . It is also important to mention that the Bill provides for the minimum and maximum fines provided for in this Act to be doubled for a first repeat offence and tripled for any additional repeat offence . [20]
Finally, with regard to the LSA, the amounts of fines imposed when a person hinders the action of the CNESST or those related to offences involving psychological harassment, child labour or the placement of personnel and temporary foreign workers[21] are increased. As in the case of the Code, the Bill as presented also includes a provision stating that the minimum and maximum amounts of the fines provided for in this Act will be increased to one for a first attempt and to three for an additional repeat offence . [22]
7. Access rights to Health and Safety Division files
Personal information will also be protected with regard to the contents of the file held by the Health and Safety Division of the Tribunal administratif du travail. In fact, only a person authorized by the Tribunal would have access to its contents if it includes information relating to a person's physical or mental health, or information that the Tribunal considers to be confidential and whose disclosure would be likely to cause prejudice to a person . [23]
8. Coming into force of the Bill
With certain exceptions, the provisions of the Bill would come into force on the date of assent to the Act . [24]
9. Conclusion
In addition to the elements presented above, we would point out that other amendments are also included in relation to other subjects, such as the application of specific rules on prevention and participation to institutions in the education and health and social services sectors[25] or concerning the requirement of Canadian citizenship for persons who sit on a board of directors under the Professional Syndicates Act . [26]
We would also like to draw your attention to the fact that it is anticipated that an officer will be considered a worker within the meaning of the AIAOD when he or she personally performs work for a person other than the person for whom he or she is acting as an officer[27] . Such a measure would specifically target certain self-employed workers who are currently incorporated and not subject to the AIAOD for this reason, a change that could have a major impact in several industries.
In short, this omnibus bill seems to have several objectives. At a time when the world of work is in a constant state of flux, the current version of the Bill heralds the government's desire to implement numerous changes to various components of Quebec's body of labour and employment law.
Since the Bill provides for the majority of its provisions to come into force as soon as it is assented to, it will be crucial to ensure that you are aware of the new provisions if you reach this stage.
Our labour and employment law team will be closely monitoring the progress of this Bill.
If you have any questions, please do not hesitate to contact us.
[1] Bill 101: An Act to improve certain labour laws.
[2] Id. at art. 6, introducing section 358.6 of the AIAOD.
[3] Bill 101, supra, note 1, s. 6, introducing section 358.8 of the AIAOD.
[4] Id. at art. 16, introducing article 100.0.0.0.1 of the Code.
[5] Id.
[6] Id. at art. 16, introducing article 100.0.1.1 of the Code.
[7] Id. at art. 19.
[8] Bill 101, supra, note 1, s. 20.
[9] Id. at art. 70.
[10] Id. at art. 14 and 45.
[11] Id. at art. 40.
[12] Id.
[13] Bill 101, supra, note 1.
[14] Id. at s. 46, introducing section 48.0.1 of the Act respecting occupational health and safety (hereinafter "AOHS").
[15] Id. at s. 46, introducing sections 48.0.1 and 48.0.2 of the OHSA.
[16] Id. at s. 46 introducing section 48.0.2 of the OHSA.
[17] Id. at art. 13, introducing section 458.1 of the LATMP.
[18] Bill 101, supra, note 1, ss. 23, 24 and 27.
[19] Id. at art. 26.
[20] Id. at art. 32, introducing article 149 of the Code.
[21] Id. at s. 42.
[22] Id. at s. 44, introducing section 141.2 of the Code.
[23] Id. at art. 62, introducing art. 13.1 of the Act instituting the Administrative Labour Tribunal.
[24] Bill 101, supra, note 1, art. 75.
[25] Id. at art. 54.
[26] Id. at art. 55-58.
[27] Id. at art. 1.
