Canada Labour Code - Origin

Origin

Industrialization in Canada, as elsewhere, brought with it increasingly poor employment standards. Employers often took advantage of their workers by providing them with little to no health and safety elements in the workplace and no job security. When the workers formed unions, negotiations between the employer and union often dragged on or broke down completely. In these instances the unions would use techniques such as strikes and sabotage to impress on the employer the idea that the workers had rights as humans and even deserved respect. The unionism would then often build solidarity between workers, even in different industries. In response, the Canadian government established the Conciliation Act of 1900. This act created the federal Department of Labour whose purpose was to help settle labour disputes and promote fair wages and proper conditions for workers.

The Department had little success but determined that they required the authority to impose conciliation amongst the union and employer. After the 1906 Lethbridge coalfield strike, this requirement became paramount and was introduced in the Industrial Disputes Investigation (IDI) Act of 1907. This act also introduced compulsory investigation of labour disputes, a prohibition of work stoppages pending this investigation, and the requirement for compromise. As the industries continued to resist the demands laid down by the unions, the organizations grew larger and began to plan large-scale tactics such as the Winnipeg General Strike. This created even more fear in the government concerning unions and led to further legislation.

During World War II, the wartime government suspended provincial labour legislation and the IDI act. However, the Wartime Labour Relations Regulations (Order in Council P.C. 1003) of 1944 introduced the provisions for certification of unions, leading to the temporary dissolution and outlawing of the major solidarity unions in Canada (including the IWW and the One Big Union). The WLRR also introduced the duty to meet and bargain in good faith, prohibitions of unfair labour practices, and the introduction of a labour relations board.

In 1948, this Order in Council and the IDI act were consolidated into the Industrial Relations and Disputes Investigation Act. In 1967, this act was consolidated, along with other statutes, as Part V of the Canada Labour Code, (S.C. 1966-67, c. 62).

Significant amendments were made to this part of the code in 1973. These amendments included extending bargaining rights to some previously excluded groups (e.g., supervisors, employed professionals, etc.) and expanding the jurisdiction of the labour relations board to include enforcement and remedial powers. Also, provisions for adjustments to technological changes were introduced. Finally, in 1988 the Code was reissued as part of the Revised Statutes of Canada, (R.S.C. 1985, c. L-2.), wherein Part V became Part I.