Question Period Note: SECTION 107 REFERRALS

Will such referrals be made to resolve future disputes? Why did the Government make referrals under section 107 of the Canada Labour Code to end disputes and remove workers’ right to strike?Section 107 of the Canada Labour Code (the Code) gives the Minister of Labour authority to help maintain stable labour relations in Canada. It allows the Minister to take actions considered necessary to preserve industrial peace and to promote conditions favourable to the settlement of labour disputes. To achieve these goals, the Minister may also refer questions to the Canada Industrial Relations Board or direct the Board to take specific actions when needed.

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 clarifying the associated details (e.g., which bargaining units are covered by the agreement and its expiry date). Ministers have also used section 107 to end strikes and lockouts by directing the Board to order that operations and duties resume, 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 Courts. It is not known when decisions will be rendered.

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).

The right to strike is fundamental, and the Government fully supports this cornerstone of Canada’s labour relations system. The Government knows that negotiated agreements are always best.

Section 107 of the Canada Labour Code is broad in scope: it allows the Minister of Labour to take any necessary actions, refer questions to the Board and direct the Board to implement certain actions to maintain or secure industrial peace and to promote conditions favourable to the settlement of disputes.

A decision to invoke section 107 is not taken lightly and is considered on a case-by-case basis.

The Government uses section 107 to end work stoppages as a last resort and only after collective bargaining efforts – mediation, conciliation and direct support from federal labour officials – have failed to produce an agreement.

The Government has used section 107 to end work stoppages in order to secure industrial peace and to promote conditions favourable to the settlement of disputes when work stoppages were causing significant impacts on Canadians, the Canadian economy, public safety and supply chains.

The goal is to move parties toward a fair resolution without causing significant impacts to Canadians and the Canadian economy.

This Government is focused on strengthening collective bargaining and early dispute‑resolution tools so that intervention under section 107 becomes increasingly rare. Judicial 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 eight times in 2024 and on one occasion in 2025:

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.

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