The Act to give greater consideration to the needs of the population in the event of a strike or a lock-out will come into effect on November 30, 2025. This law, which aims to mitigate the consequences of labour disputes on Québec’s economy, sets out two major changes: first, it introduces the notion of services ensuring the well-being of the population and the need to maintain these; second, it gives the Minister of Labour the power to end an ongoing work stoppage by referring it to binding arbitration.
With its entry into force fast approaching, we’d like to take this opportunity to clarify two points that have changed between the bill’s first draft and its final version. This update follows our previous article on Bill 89, entitled “Bill 89: balancing the right to strike or lock-out with the needs of the population”, which detailed the legislative changes.
1. Negotiating the maintenance of services ensuring the well-being of the population
With regard to the new concept of services ensuring the well-being of the population, the parties will have seven clear working days following the decision of the Administrative Labour Tribunal, rather than the fifteen days initially provided, to negotiate which services qualify as ensuring the well-being of the population and submit their agreement to the Tribunal for an assessment of its sufficiency.
2. Organizations excluded from the Minister’s authority
Initially, only the public and parapublic sectors were to be exempt from the Labour Minister’s power to end a work stoppage by referring it to arbitration. The exemption has now been extended to: (a) all government agencies listed in Schedule C of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (e.g. Hydro-Québec, Sûreté du Québec and the Société des établissements de plein air du Québec); (b) ambulance services and health communication centres covered by the Act respecting pre-hospital emergency services; and (c) childcare centres and home educational childcare coordinating offices covered by the Educational Childcare Act.
Otherwise, all the changes reported in our previous article remain relevant and will come into effect on November 30, 2025.
Conclusion
The entry into force of this law opens a whole new chapter in the management of strikes and lock-outs in Québec. Employers and unions will have to adapt to an environment in which the needs of the population play a greater role. To this end, organizations should prepare for the changes as soon as possible, for instance, by revising their labour dispute management mechanisms and negotiation procedures to ensure compliance with the new legislative framework.