Question Period Note: SECTION 107 REFERRALS

Why did the Government make referrals under section 107 of the Canada Labour Code to end disputes and remove workers’ right to strike? Will such referrals be made to resolve future disputes?

The Government believes that negotiated agreements are always best.

Under section 107 of the Canada Labour Code, the Minister of Labour may do things that seem likely to maintain or secure industrial peace and promote conditions favourable to the settlement of disputes; and may refer questions to the Board and direct the Board to do certain things.

A decision to invoke section 107 is not taken lightly and is considered on a case-by-case basis under exceptional circumstances. udicial Review

The Government is aware that unions have filed applications for judicial review to challenge the Government’s referrals and the Board’s decisions.

These matters are before the courts, and that’s all that can be said right now.

Private Members’ Bill C-247

We are following the progress of Bill C-247 in Parliament and will analyze the potential impacts that such an amendment would have on labour relations under Part I of the Code.

Section 107 of the Code was used once in 2023, eight times in 2024 and on one occasion in 2025:

July 29, 2023: British Columbia Maritime Employers Association (BCMEA) & International Longshore and Warehouse - Canada (ILWU Canada) - West Coast ports.

March 15, 2024: ICS Courier & UNIFOR, local 333.

June 27, 2024: WestJet & Aircraft Mechanics Fraternal Association (AFMA).

August 22, 2024: Canadian National Railway Company (CN) & Teamsters Canada Rail Conference (TCRC).

August 22, 2024: Canadian Pacific Kansas City Railway (CPKC) & TCRC (Running Trades Employees (Group 1) and Rail Traffic Controllers (Group 2)).

November 12, 2024: BCMEA & International Longshore and Warehouse, Union ship and dock foremen, Local 514 (ILWU 514) - West Coast Ports.

November 12, 2024: Maritime Employers Association (MEA) & Canadian Union of Public Employees, Local 375 (CUPE 375) - Port of Montreal.

November 12, 2024: Société des Arrimeurs de Québec (SAQ) & Canadian Union of Public Employees, Local 2614 (CUPE 2614) - Port of Quebec.

December 13, 2024: Canada Post Corporation & Canadian Union of Postal Workers (CUPW).

August 16, 2025: Air Canada & Canadian Union of Public Employees (CUPE) – Airline Division.

Section 107 of the Canada Labour Code (the Code) provides that the Minister of Labour may do things that seem likely to maintain or secure industrial peace and promote conditions favourable to the settlement of disputes. To those ends, the Minister may also refer questions to the Canada Industrial Relations Board (the Board) and direct the Board to do certain things.

Section 107 can be used in various ways. Previous ministers of Labour have asked the Board questions that are necessary to resolve disputes, such as whether a particular collective agreement is in force, and, if yes, when it expires. Ministers have also used section 107 to end strikes and lockouts by directing the Board to order that operations and duties resume and continue, impose binding arbitration, and extend the term of the collective agreement.

Section 107 of the Code was used eight times in 2024 and one time in 2025.

Most recently, section 107 was used on August 16, 2025, when a work stoppage began at Air Canada during the labour dispute between Air Canada and the Canadian Union of Public Employees (CUPE) – Airline Division.

Unions have challenged the section 107 referrals, and the Board’s related orders, that ended strikes and lockouts in 2024 and 2025. The challenges are proceeding before the Federal Court.

On October 6, 2025, MP Leah Gazan of the New Democratic Party introduced Bill C-247, An Act to amend the Canada Labour Code. The Bill proposes to repeal section 107 of the Code entirely. Ms. Gazan is 39th on the list of consideration for private members’ business, meaning that Bill C-247 currently falls outside the Order of Precedence.

The replenishment of the Order of Precedence is expected in winter/spring 2026 (TBC).