Since the start of the new parliamentary session, Québec labour law has been the focus of several legislative and regulatory initiatives. In recent articles, we provided updates on the coming into force of the Regulation respecting prevention and participation mechanisms in an establishment (“New provisions of the Act to modernize the occupational health and safety regime come into force as implementation enters its final phase”), as well as on the Act to give greater consideration to the needs of the population in the event of a strike or a lock-out (“Update on the Act to give greater consideration to the needs of the population in the event of a strike or a lock-out”).
Since then, three other legislative and regulatory developments have caught our attention. These are:
- The enactment of Bill 101, An Act to improve certain labour laws;
- The introduction of Bill 3, An Act to improve the transparency, governance and democratic process of various associations in the workplace;
- Publication of the draft Regulation respecting the measures to prevent or put a stop to sexual violence.
This article summarizes the main features of these developments.
Bill 101: An Act to improve certain labour laws
It’s official: the omnibus bill introduced by the Minister of Labour has been adopted and assented to. Some of its provisions took effect on October 28, 2025. Our article published in May, “Québec introduces new changes to labour laws”, outlined the main changes proposed by this bill. Most of the proposed changes were retained, with a few notable amendments at the committee stage.
Labour Code: new grievance arbitration procedure
In force since October 28, 2025
The new rules on prior disclosure of evidence are now in force. Thus, in addition to exhibits or other evidence, the parties to a grievance arbitration must also share the list of witnesses they intend to call at least 30 days before the start of the hearing, unless there are valid reasons for not disclosing their identities. Note that the parties may agree to different time limits at a pre-hearing conference.
The prior disclosure rules will only apply to grievances filed on or after October 28, 2025.
Effective October 28, 2026
As initially announced, a grievance arbitrator must be appointed within six months of the grievance being filed. Failing this, the party that filed it will be “presumed” (and no longer “deemed”) to have discontinued the grievance. The use of the word “presumed” indicates that this is a simple presumption that can be rebutted by countervailing evidence. Furthermore, the act provides that the Administrative Labour Tribunal may extend this time limit, or excuse a party who failed to meet it, if reasonable cause is shown.
Although it is still stipulated that the grievance hearing must begin no later than one year after it is filed, an amendment specifies that the arbitrator may decide otherwise if the circumstances and the interests of the parties justify it.
These two new rules will not apply to the public or quasi-public sectors.
Labour standards: leave for reasons of public health or public safety
This new unpaid leave came into effect on October 28. An amendment provides that employers may not demand a medical certificate to justify an employee’s absence.
Occupational health and safety: no delay in the coming into force of prevention mechanisms
As we noted in our article, “New provisions of the Act to modernize the occupational health and safety regime come into force as implementation enters its final phase”, the prevention and participation mechanisms came into effect on October 1st, 2025. The postponement initially envisaged when Bill 101 was introduced was withdrawn by amendment.
Other provisions in force since October 28, 2025
The amendments relating to “incorporated workers”, employer reimbursement for wages paid to a reassigned pregnant worker, prevention mechanisms specific to the health and education sectors, construction standards established by the CNESST, and increased fines for violations also came into effect on October 28, 2025.
Bill 3, An Act to improve the transparency, governance and democratic process of various associations in the workplace
After being leaked to the media, Bill 3 was finally introduced in the National Assembly on October 30. This is a major reform of how unions operate.
If adopted, the bill would create a distinction between principal and optional union dues. The members of the bargaining unit must authorize, by a majority vote in a secret ballot: 1) the amount of the principal dues and 2) the deduction of optional dues. For the latter, a new vote must be held at least once a year. The optional dues would be used to finance certain union activities, including legal action in civil matters challenging the constitutionality of a law or regulation, certain advertising campaigns, and participation in certain demonstrations of a political nature or concerning a subject other than the defence of rights conferred by law or collective agreement. The bill would prohibit the use of principal dues to finance these activities.
The bill would also require that certain union votes, including votes concerning principal and optional dues, a strike, or the signing of a collective agreement, be held over a period of at least 24 hours to encourage broader participation.
Penal provisions would apply in the event of non-compliance with the new obligations.
Additionally, the bill introduces new reporting requirements for unions.
Note that this bill has yet to be adopted and may be subject to amendments. We will keep you informed of developments as they arise.
Introduction of the draft Regulation respecting the measures to prevent or put a stop to sexual violence
Section 51(16) of the Act respecting occupational health and safety requires employers to take measures to protect workers from physical or psychological violence in the workplace. Since 2024, this has included the obligation to take any other measure that may be determined by regulation to “prevent or put a stop to sexual violence”. The draft regulation, published on October 29 in the Gazette officielle du Québec, proposes requirements to:
- Inform workers about workplace-specific risks and the measures taken to eliminate or control them;
- Train workers on the prevention of sexual violence, in the manner prescribed by the regulation;
- Establish a procedure for handling complaints and reports, and appoint a suitable person to manage them.
This draft regulation is not yet in force. All interested parties are invited to comment on the draft regulation within 45 days of its publication in the Gazette. We will keep you informed of its progress and, if applicable, its adoption.
Conclusion
As we have seen, the fall of 2025 has brought a host of changes to Québec labour law. Employers and stakeholders should monitor the implementation of these legislative changes to ensure that their practices comply with the new requirements.