In December 2025, the Québec government enacted substantial amendments to the Labour Code (L.C.), giving itself broader authority to regulate the right to strike when strike action could significantly impact the well-being of the population. Among other changes, these amendments introduced a new regime to maintain services that ensure the well-being of the population and conferred broader powers on the government and the Administrative Labour Tribunal (ALT). This new mechanism was recently applied for the first time in Québec in the case of Centre de la petite enfance Le Jardin de Robi Inc., in which the Tribunal determined that the activities of the childcare centre (centre de la petite enfance, CPE) were subject to this regime, opening the door to determining which services must be maintained during a labour dispute.
The new mechanism
For context, section 111.22.4 of the L.C. now allows for targeted state intervention in certain labour disputes that significantly affect the well-being of the population.
Unlike the essential services regime, the new mechanism does not impose permanent obligations on specific sectors. Instead, it relies on a case-by-case mechanism triggered according to the circumstances of each dispute.
However, ALT intervention is conditional on the prior adoption of a decree by the government. The decree itself does not resolve the question of which services must be maintained; rather, it enables the ALT to address the matter. The decree’s application is also limited in time—specifically, until the conclusion of a new collective agreement.
Although the L.C. does not specify the criteria for adopting such a decree, parliamentary debates suggest that the government must determine that the well-being of the population has been significantly impacted, rather than merely experiencing ordinary inconvenience. The ALT’s analysis must be contextual and may consider the nature of the employer’s activities, the dispute’s duration and intensity, its impact on vulnerable groups, public health and safety, and the environment, as well as the absence of realistic alternatives.
Impact on businesses
On February 4, 2026, the government adopted Decree No. 144-2026 concerning the CPE Le Jardin de Robi.
At the time, the CPE’s workers had been on an unlimited general strike since October 2025. The strike was partly centred on the exclusion of a paid half-hour lunch break. The facility served 84 children, so the length of the dispute significantly impacted families, prompting government intervention and referral of the matter to the ALT.
In its decision, the ALT found that the ongoing strike disproportionately impacted the well-being of the population, directly affecting the children’s safety and welfare and the parents’ socioeconomic security. The Tribunal noted that the dispute’s duration, combined with the prolonged absence of childcare services and the affected population’s vulnerability, weighed in favour of applying the new regime. Consequently, the facility is subject to the regime and must provide essential services that ensure the well-being of the population and throughout the duration of the dispute.
Key takeaways
Beyond the specifics of the case itself, this decision is the first actual application likely to influence labour relation practices in sectors with significant impact on the public. It establishes the first concrete benchmarks for government intervention in labour disputes that are likely to affect the population and signals a redefinition of the balance between the right to strike and protection of the public interest.
For businesses operating in sectors with significant public impact, the stakes are high. The duration of a dispute, the documented extent of its repercussions, and the ability to demonstrate a significant impact on the well-being of the population are now determining factors in assessing the available options during a collective dispute. Therefore, employers should rigorously document the operational, economic and social impacts of a prolonged work stoppage. These elements may play a central role in triggering the mechanism provided for under the L.C.
However, the decree remains an exceptional tool intended for use only in situations where the repercussions of a dispute exceed the normal bounds of a power struggle between the parties. Nevertheless, its existence provides employers with a new lever in labour disputes, as public interest can now be a decisive factor in how a dispute unfolds. In this evolving landscape, businesses would do well to seek guidance to understand the strategic and legal implications of this new mechanism.